DACA in 2025: What Recipients Need to Know Right Now

For DACA recipients in New York City and across the country, 2025 has brought more uncertainty. Courts continue to wrestle with the program's legality, USCIS policies have shifted, and the political environment remains volatile. This article provides a clear-eyed overview of DACA's current status and practical steps recipients should take.

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What Is the Current Legal Status of DACA?

As of early 2025:

• Renewals are being accepted and processed by USCIS for current DACA holders whose status is expiring
• New (initial) DACA applications are not being accepted due to court orders, pending resolution of ongoing litigation
• Advance Parole applications are being accepted for travel purposes (with important caveats)

The Deferred Action for Childhood Arrivals program has been the subject of extensive federal litigation. While courts have at various times both enjoined and upheld different aspects of the program, the core renewal pathway has remained open for most of the time since 2012.

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Who Qualifies for DACA Renewal?

To renew DACA, you must:

1. Have previously received DACA (not a new applicant)
2. Not have a disqualifying felony conviction, significant misdemeanor, or three or more other misdemeanors
3. Not be considered a threat to national security or public safety
4. Have continuously resided in the United States

Key timing: File your renewal application 4–6 months before your current DACA and EAD expire. Do not wait until the last minute — USCIS processing times fluctuate, and gaps in EAD coverage can affect your employment.

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What Forms Do You File for a DACA Renewal?

A DACA renewal package includes:

• Form I-821D — Application for DACA
• Form I-765 — Application for Employment Authorization
• Form I-765WS — Worksheet for Form I-765
• Filing fee of $495 (subject to change)
• Supporting documentation

An immigration attorney can ensure your package is complete and error-free before submission.

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Can DACA Lead to a Green Card?

DACA itself does not provide a path to permanent residence — it is a prosecutorial discretion measure, not an immigration status. However, many DACA recipients have separate avenues to explore:

Through marriage to a U.S. citizen: If you entered the U.S. with a visa (even if it expired), you may be eligible to adjust status to a green card inside the U.S. If you entered without inspection, the process is more complicated and typically involves leaving the U.S. and potentially needing a waiver.

Through employment: Some DACA recipients with valuable skills may have employer sponsors willing to file employment-based green card petitions. This is a longer and more complex process.

Through family: If a U.S. citizen parent, sibling, or adult child can petition for you, there may be a family-based route — though some categories have long wait times.

An immigration attorney can evaluate your specific situation and entry history to determine which pathways are available to you.

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Advance Parole: Can DACA Recipients Travel?

DACA recipients may apply for Advance Parole (Form I-131) to travel outside the United States for humanitarian, educational, or employment purposes. However:

• Advance Parole does not guarantee re-entry — CBP still has discretion at the border
• Travel can potentially affect pending immigration applications
• Consult an attorney before traveling abroad as a DACA recipient

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What Should DACA Recipients Do Now?

1. Renew early — Don't let your DACA lapse. A 4–6 month lead time is recommended
2. Consult an attorney about whether you have a path to a green card
3. Keep records — Maintain all your USCIS notices, EADs, and proof of continuous residence
4. Know your rights — If ICE contacts you, you have the right to remain silent and request an attorney
5. Do not travel internationally without first consulting an immigration attorney

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Contact Our DACA Attorneys in New York

The Law Office of Reyadh Nagi PLLC assists DACA recipients throughout New York City with renewals, green card consultations, and long-term immigration planning.

📞 (718) 513-1375 📍 742 Morris Park Ave, 2nd Floor, Bronx, NY 10462 🌐 nagilaws.com/daca-lawyer

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