DACA Lawyers in El Paso

DACA's legal status has been the subject of years of federal court litigation and continues to evolve. As of the time of this writing, USCIS is accepting renewal applications from current and former recipients. Initial applications from individuals who have never previously held DACA have faced court-imposed restrictions. Because this situation continues to change, we strongly recommend contacting our office for the most current information before making any decisions about your status.

USCIS recommends filing your renewal application approximately 150 to 120 days before your current DACA expires, which is roughly four to five months out. Filing earlier than that is generally better than waiting. Delays in processing are common, and allowing your DACA to expire creates unnecessary risk. Do not wait until the last minute. If your DACA has already expired, contact us immediately to discuss your options.

If your DACA expires while your renewal application is pending, your employment authorization and deferred action protection technically lapse until USCIS approves the renewal. This creates a gap that can affect your ability to work legally and, more seriously, your protection from removal during that period. This is why timely filing well before the expiration date is so important. If you are already in this situation, contact us immediately.

DACA alone does not authorize international travel. In the past, DACA recipients could apply for advance parole, allowing travel abroad for humanitarian, educational, or employment purposes. Returning to the U.S. with valid advance parole has, in some cases, provided a basis for adjustment of status. However, the rules around advance parole for DACA recipients are complex and have changed over time. Do not travel outside the United States without first consulting with an immigration attorney about the potential consequences for your specific situation.

No. DACA applies only to the individual recipient. It does not extend protection to parents, siblings, or other family members. However, if you have DACA status and are exploring whether there are ways to help family members obtain legal status, our attorneys can review their situations and advise on what options, if any, may be available to them separately.

Yes, significantly. A felony conviction, a "significant misdemeanor" as defined by USCIS, or three or more misdemeanor convictions of any kind are generally disqualifying. Even an arrest without conviction or a pending criminal matter can complicate a renewal application and must be disclosed. If you have any criminal history, no matter how minor it seems, discuss it with your attorney before filing anything. Failing to disclose required information is itself a serious problem.

USCIS defines significant misdemeanors to include offenses such as domestic violence, sexual abuse, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, and driving under the influence. A misdemeanor with a sentence of more than 90 days of imprisonment (excluding any suspended sentence) also qualifies as significant. The analysis is fact-specific, and if you have any prior convictions or arrests, the details matter enormously. Our attorneys evaluate these situations individually.

If DACA were to be terminated, either by federal policy or a final court ruling, recipients would lose their deferred action protection and work authorization. That does not necessarily mean immediate deportation, but it would mean a return to undocumented status. The urgency of that scenario makes it all the more important to explore now, while DACA is still in place, whether any permanent immigration option is available to you. Our attorneys can assess your situation and help you plan proactively.

DACA itself does not create a path to a green card. However, DACA status does not prevent you from pursuing other immigration pathways that may be independently available to you, such as through a qualifying family relationship, employment sponsorship, or marriage to a U.S. citizen. In some cases, having DACA has made certain pathways more accessible, particularly where advance parole travel enabled an adjustment of status application. Every situation is different, and a careful legal evaluation is the only way to know what options you have.