Introduction
The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, offers temporary protection from deportation and work authorization to certain undocumented individuals who arrived in the United States as children. As of January 2026, understanding the eligibility requirements and renewal procedures is crucial for maintaining DACA status.
Eligibility Requirements
To qualify for DACA, applicants must meet the following criteria:
- Age and Arrival: Must have arrived in the U.S. before turning 16 years old.
- Continuous Residence: Must have continuously resided in the U.S. since June 15, 2007.
- Presence on June 15, 2012: Must have been present in the U.S. on June 15, 2012.
- Educational or Military Status: Must be currently in school, have graduated, obtained a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
- Criminal History: Must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors.
- Age: Must be under 31 years old as of June 15, 2012.
- Prepare Required Forms:
- Gather Supporting Documents:
- Pay the Filing Fee:
- Submit the Application:
- Attend Biometrics Appointment:
- Await Decision:
- Form G-1450: Credit Card Payment.
- Form G-1650: ACH Bank Payment.
- Current DACA Status: As of January 2026, DACA remains in effect for current recipients, but new applications are not being processed.
- Renewal Timeline: USCIS recommends submitting renewal requests 120 to 150 days before the current DACA status expires.
- Payment Methods: Starting October 28, 2025, USCIS requires electronic payments for DACA submissions.
- U.S. Citizenship and Immigration Services (USCIS), 2025/https://www.uscis.gov/i-821d
- National Immigrant Justice Center, 2025/https://immigrantjustice.org/sites/default/files/content-type/know-your-rights/documents/2025-01/DACA-FAQ_January-2025_Final_English.pdf
- Krilchev & Associates PC, 2025/https://www.krilchev.com/2025-daca-and-uscis-updates-explained/
- National Immigration Forum, 2025/https://immigrationforum.org/article/current-status-of-daca-explainer/
- Boundless, 2025/https://www.boundless.com/immigration-resources/what-is-daca/
These criteria are outlined by the U.S. Citizenship and Immigration Services (USCIS). (uscis.gov)
Current Legal Status of DACA
As of January 2026, the DACA program is under legal scrutiny. On January 17, 2025, the Fifth Circuit Court of Appeals ruled that the DACA program, as implemented through the 2022 regulations, is unlawful. However, the court allowed current DACA recipients to continue renewing their status. (immigrantjustice.org)
Renewal Procedures
DACA recipients should follow these steps to renew their status:
– Form I-821D: Consideration of Deferred Action for Childhood Arrivals.
– Form I-765: Application for Employment Authorization.
– Proof of identity (e.g., passport, birth certificate).
– Evidence of continuous residence in the U.S. since June 15, 2007.
– Proof of current educational status or military service.
– Criminal background check, if applicable.
– As of April 2024, the total fee for DACA renewal is $555 for online submission and $605 for paper filing. (krilchev.com)
– File the forms and documents with USCIS.
– USCIS recommends submitting renewal requests between 120 and 150 days before the current DACA status expires to ensure timely processing. (uscis.gov)
– USCIS may schedule a biometrics appointment to collect fingerprints and photographs for background checks.
– USCIS will process the renewal application and notify the applicant of the decision.
Payment Methods Update
Starting October 28, 2025, USCIS no longer accepts paper checks or money orders for DACA submissions. Applicants must pay electronically using:
This change aims to streamline the payment process and reduce processing delays. (krilchev.com)
Impact of Legal Developments on DACA
The legal challenges to DACA have led to uncertainties regarding the program’s future. As of January 2026, the program remains in effect for current recipients, but new applications are not being processed. It’s essential for DACA recipients to stay informed about legal developments and consult with immigration attorneys or accredited representatives for personalized advice. (immigrantjustice.org)
Conclusion
Understanding the eligibility requirements and renewal procedures for DACA is vital for maintaining lawful presence and work authorization in the U.S. Given the evolving legal landscape, staying informed and seeking professional guidance are crucial steps for DACA recipients.