How A DACA Immigration Lawyer Can Help You Renew Your Status

This post was created by Spar Berstein Law Offices

Renewing your DACA status is non-negotiable if you want to maintain your protection from deportation and secure the benefits that come with it, like the ability to work legally.

However, the renewal process is far from simple, and even minor mistakes can lead to issues that could jeopardize your future.

In this article, we’ll break down the common mistakes many applicants make during the renewal process—and how a DACA immigration lawyer can help you avoid these pitfalls.

Keep reading for more.

1. What is DACA and Why is Renewal Important?

You grow up in the U.S., go to school, make friends, dream about your future here—only to find out that, on paper, you don’t belong.

That’s the reality for hundreds of thousands of undocumented immigrants who were brought here as kids.

That’s why, in 2012, the Obama administration stepped in with DACA (Deferred Action for Childhood Arrivals)—a program designed to protect these young people, often called Dreamers, from deportation.

Now, DACA wasn’t some random act of generosity. It was a workaround—because Congress kept failing to pass the DREAM Act, which would have offered Dreamers a path to citizenship.

Instead, DACA gave them:

• Temporary protection from deportation (but not a green card or citizenship).
• Work permits, so they could earn a living legally.
• Access to driver’s licenses, education, and financial stability in many states.

Unfortunately, though, DACA isn’t permanent. Every two years, recipients must renew their status—or risk losing everything.

Without renewal, they can’t legally work. They become vulnerable to deportation. They could be forced back into the shadows.

That’s why renewal is paramount.

1. 5 Common Mistakes in the Renewal Process a DACA Immigration Lawyer Can Help You Avoid

A DACA immigration lawyer becomes invaluable when it comes to handling the renewal process without costly mistakes, delays, or denials, so here are the five most common pitfalls—and how the right legal guidance can help you avoid them.

1. Not Keeping Up with DACA Eligibility Requirements

By now, you probably know the basics of what makes you eligible, but let’s recap it anyway:

• You have to be the right age—under 31 as of June 15, 2012, and you must’ve arrived in the U.S. before turning 16.
• You need continuous residence in the U.S. since June 15, 2007, with no long absences.
• You need to meet education or military service requirements. Either still in school, graduated, or honorably discharged.
• Your record has to be clean. No felonies, serious misdemeanors, or three or more minor misdemeanors.

Sounds simple, right? Not so fast.

Rules get updated and USCIS doesn’t exactly send personal reminders. If you’re going off what you read two years ago, you might be working with outdated info.

Also, legal language is confusing. One misunderstood phrase could mean the difference between approval and rejection.

Assumptions kill applications, so don’t assume. Hire a DACA immigration lawyer who knows the latest updates to spot the red flags in your application before USCIS does.

1. Messing Up Your DACA Application

Filling out your DACA renewal forms might seem straightforward—until one tiny mistake sends your application straight into processing limbo (and USCIS doesn’t do “second chances” when it comes to sloppy paperwork).

Now, most people trip up on the I-821D, I-765, and I-765WS Forms. They either:

• Leave out previous addresses
• Skip dates of entry into the U.S.
• Mess up the eligibility category
• Forget to sign
• Forget to explain why they need a work permit (“because I want a job” won’t cut it. USCIS expects a clear financial breakdown)

Or they use outdated forms, send the wrong filing fee, or forget proof of continued presence in the U.S. (bank statements, school records, pay stubs—something).

Well, a DACA immigration lawyer makes sure your forms are airtight. They’ll check for accuracy, catch mistakes before USCIS does, and make sure your financial need statement actually makes sense.

Oh, and most importantly? They know the latest rule changes—because immigration laws shift constantly, and what worked last time might not fly now.

The point is, DIY-ing your renewal is risky and a DACA immigration lawyer makes sure your paperwork gets approved the first time—so you don’t lose your protection over something as small as a missed checkbox.

1. Missing Important Deadlines

The thing is, DACA renewals run on strict timelines.

You need to renew at least 120-150 days before your status expires. Even USCIS recommends it.

Why? Because processing delays are real—sometimes months long. If your work permit expires before renewal approval, even by a day, you can’t work legally until it’s processed, and you’ll need to apply from scratch.

Now, it’s worth noting that not all deadline-related mistakes will kill your application.

Forgetting a document or a minor form mistake will usually warrant just a RFE (Request for Evidence) from USCIS, in which case they’ll give you extra time to fix your mistake.

But this also means delays, and again, if your work permit expires while you’re waiting? Good luck explaining that to your boss.

1. Overlooking Criminal History or Gaps in Residence

Not every DACA renewal is cut-and-dried.

Got a criminal record for a felony or significant misdemeanor (think DUI, domestic violence, drug possession, gun charges)? Just one is enough to sink your application.

Spent too much time outside the U.S. due to a family emergency or under a wrong assumption that a “quick” trip is fine? If you left without advance parole, USCIS might say you abandoned your residence—and that’s a huge problem.

The point is, these aren’t just minor hiccups.

They can get your renewal denied or put you at risk for deportation, even if your charges were dismissed or your records expunged.

USCIS runs background checks, so make sure you have a DACA immigration lawyer who runs them too. Have them look over your case before applying for renewal, because they know what’s fixable and what’s not.

(More importantly, they know how to prepare a solid defense and prevent self-incrimination.)

1. Receiving a Request for Evidence or Notice of Intent to Deny and Not Handling It Properly

A lot of DACA applicants panic when they get an RFE or NOID from USCIS. Some ignore it. Others rush to respond without fully understanding what’s needed.

Both are bad moves.

These notices mean USCIS needs more information before approving your renewal—or they’re thinking of denying it.

A mistake in how you respond could get your application rejected outright.

A DACA immigration lawyer is your best shot at saving your renewal in these cases, since they know exactly what USCIS is looking for. They can:

• Gather the right evidence (not just “more” evidence—the right kind).
• Draft a legally sound response that addresses concerns head-on.
• Make sure it’s sent on time and in the correct format (because yes, that matters).

The point is, an RFE or NOID isn’t the end—unless you mishandle it.

1. Frequently Asked Questions (FAQ) About DACA Renewal Assistance

1. Are DACA Applications Being Accepted Under Trump’s Administration?

Although the future of DACA remains uncertain due to ongoing litigation and the fact that the Trump administration has historically sought to limit or end the program, DACA renewal applications are still being accepted and processed by USCIS.

However, new DACA applications are not being processed at this time.

1. Are There Any Cases in Which I Don’t Need A DACA Immigration Lawyer?

If you have previously renewed your DACA status without issues and your situation remains unchanged or involves no complications (e.g., gaps in residence or criminal history), you can probably manage the process yourself.

1. Can I Afford A Lawyer If I’m Facing Financial Challenges?

Many immigration lawyers offer payment plans to help spread the cost over time, so that’s something worth looking into with your chosen DACA immigration lawyer. Alternatively, if hiring a lawyer is financially burdensome, you can consider using free or low-cost resources from non-profit organizations.

This content was produced independently from the Worldcrunch editorial team.