DACA 2026: Current Status and Your Immigration Options

DACA (Deferred Action for Childhood Arrivals) was created in 2012 to protect individuals who were brought to the United States as children from deportation and to grant them temporary work authorization. Since then, DACA has been the subject of ongoing legal battles that have created significant uncertainty for the approximately 500,000+ active DACA recipients across the country.

At The RP Law Firm in Atlanta, GA, attorney Ripal Patel, Esq. helps DACA recipients understand their current status, timely file renewals, and explore permanent immigration solutions. If you or a family member has DACA or has questions about what comes next, this guide is for you.

What Is the Current Status of DACA in 2026?

As of 2026, DACA continues to face legal challenges in federal courts. The core legal dispute centers on whether the DACA program was lawfully created through executive action and whether USCIS has the authority to maintain it. Court rulings have at various times blocked new DACA applications while allowing renewals for existing recipients to proceed — though this situation remains subject to change.

Renewals: Current DACA recipients who previously held DACA status have generally been able to file renewal applications under court orders allowing the program to continue in a limited form. Timely renewal — ideally 150–180 days before your current DACA expires — is critical to avoid a gap in protection and work authorization.

New Initial Applications: As of mid-2026, USCIS is not accepting new initial DACA applications due to court injunctions. Individuals who have never before received DACA cannot apply for the first time until the legal situation is resolved.

Who Has Been Able to Renew DACA?

Generally, individuals who held DACA at some point and whose DACA has not been terminated by USCIS have been able to renew. Renewal requirements include:

• You previously received DACA and your DACA was not terminated
• You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
• You do not pose a threat to national security or public safety
• You are currently in school, have graduated, have obtained a GED, or have been honorably discharged from the military

The renewal application is filed on Form I-821D (DACA Request) along with Form I-765 (Employment Authorization) and Form I-765WS (Worksheet). Filing fees apply. Consult an immigration attorney before submitting your renewal to ensure your application is complete and timely.

Why DACA Is Not a Permanent Solution

It is essential to understand that DACA is a temporary form of deferred action — not a visa, green card, or path to citizenship. DACA:

• Does not provide lawful immigration status
• Does not provide a direct path to a green card or citizenship
• Must be renewed every 2 years and can be terminated at any time by a new administration or court order
• Does not protect family members of DACA recipients

For long-term security, DACA recipients should explore permanent immigration pathways with an experienced attorney.

Alternative Immigration Options for DACA Recipients

Family-Based Immigration

If you have a qualifying U.S. citizen or lawful permanent resident (LPR) family member — such as a spouse, parent, or sibling — you may be eligible for a family-based immigrant visa or adjustment of status to a green card. Immediate relatives of U.S. citizens often have the fastest pathway. Attorney Ripal Patel at The RP Law Firm handles family-based green card cases throughout Atlanta and Georgia.

Employment-Based Visas

If you work in a specialty occupation, you may qualify for an H-1B visa sponsored by your employer. While subject to the annual lottery, an approved H-1B provides lawful nonimmigrant status and a potential path to an employer-sponsored green card. Other work visas (O-1, TN, L-1) may also be available depending on your qualifications and employer.

Asylum

If you fear persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion, you may qualify for asylum. Asylum grants lawful status and a path to a green card and U.S. citizenship. Cases must generally be filed within 1 year of your last arrival in the United States, with limited exceptions.

U Visa or T Visa

If you were a victim of a qualifying crime or human trafficking while in the United States, you may qualify for a U Visa or T Visa. These humanitarian visas provide lawful status, work authorization, and a path to a green card — regardless of your immigration history.

DACA and Travel — Advance Parole

DACA recipients who need to travel internationally may apply for Advance Parole before departing. Traveling without approved Advance Parole will generally be treated as an unauthorized departure and can trigger unlawful presence bars that could bar re-entry for 3 or 10 years. The status of Advance Parole for DACA recipients has fluctuated based on court rulings — always confirm the current policy with an immigration attorney before any international travel.

Frequently Asked Questions (FAQs)