DACA (Deferred Action for Childhood Arrivals) Lawyer in Houston, TX
DACA, or Deferred Action for Childhood Arrivals, provides protection from deportation and eligibility for work authorization to individuals who came to the United States as children. At Prosperity Immigration Law, our immigration team, led by attorney Luis F. Hess, works with DACA recipients in Houston and across Texas on renewals, employment authorization, the current legal landscape, and longer-term immigration planning.
What Is DACA?
DACA was announced by the Obama Administration in June 2012. Those approved receive a two-year period of deferred action, during which DHS agrees not to pursue removal, and are eligible to separately apply for an Employment Authorization Document (EAD) permitting legal work. DACA does not confer lawful immigration status.
DACA recipients are not legal permanent residents and cannot travel internationally without advance parole. It is not a visa, not a lawful immigration status, and not a direct path to a green card. It is a prosecutorial discretion policy that has been in active federal litigation since 2017.
Some DACA recipients have other immigration options based on their individual circumstances, such as through marriage, family relationships, or employment-based pathways, but these must be evaluated case by case.
DACA's legal status is actively evolving. Nothing here should be taken as current legal advice for any individual situation. We strongly recommend speaking with an attorney before making any decisions about DACA, travel, or alternative immigration options.
Eligibility Requirements for DACA
To be considered for DACA under the original 2012 criteria, an individual must:
Note: Current USCIS guidance processes renewals only for individuals who received DACA prior to July 16, 2021. Individuals whose DACA expired more than one year ago are treated as first-time applicants and are not currently being processed.
How to Renew DACA: Step by Step
- File between 120 and 150 days before expiration: USCIS recommends filing within this window, four to five months before the current DACA expiration date. Filing earlier than 150 days before expiration will not speed up processing. Filing too close to expiration risks a gap in work authorization.
- Prepare Form I-821D: Consideration of Deferred Action for Childhood Arrivals. Completed online or by paper with supporting documentation confirming continued eligibility.
- Prepare Form I-765: Application for Employment Authorization. Filed together with Form I-821D. The current total fee is $555 (online filing) or $605 (paper filing by mail).
- Submit both forms together: The I-821D and I-765 are filed as a package. If the renewal is filed on time and the current EAD expires during processing, USCIS will automatically extend the existing EAD for up to 180 days while the renewal is pending.
- Track the case and maintain compliance: Keep your address current with USCIS. Do not travel internationally without consulting an attorney first, advance parole is a separate application and leaving without it can forfeit DACA status.
What Our Clients Say
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Frequently Asked Questions About DACA
Yes, as of the current court status, USCIS continues to accept and process DACA renewal requests nationwide, including Texas. File between 120 and 150 days before your expiration. Do not wait until the final weeks, processing times and new court orders can shift quickly.
Not directly. DACA itself does not create an immigration status or a green card pathway. However, some DACA recipients have other immigration options through marriage, family relationships, or employment that can lead to permanent residence. Whether any of these apply depends entirely on individual circumstances.
Schedule a Consultation With Our DACA Lawyer in Houston Today
Whether you need to renew on time, are concerned about the Texas litigation, want to understand your longer-term immigration options, or have a complex situation involving travel or a green card pathway, we are here to help you understand where you stand.
We serve clients in Houston, The Woodlands, Shenandoah, Katy, and across Montgomery and Harris Counties. Contact us today to discuss your eligibility and next steps.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126
