DACA Attorney in New York

Firsthand Immigration Experience for Your DACA Request or Renewal

At Sebastian Simon Law Group, we handle DACA-related immigration matters for clients in New York. Founding attorney Sebastian Simon has navigated the U.S. immigration system as an immigrant from Chile, giving our firm a personal and professional understanding of the issues clients face. Consultations are available virtually or in person, and we provide immigration services in English and Spanish.

DACA, or Deferred Action for Childhood Arrivals, is a program the United States government established in 2012 to offer deportation protection for eligible undocumented immigrants who came to the U.S. as children. DACA provides temporary deferred action from removal and eligibility for employment authorization. It doesn’t grant lawful permanent residence, citizenship, or permanent immigration status.

As of our March 2025 legal update, U.S. Citizenship and Immigration Services (USCIS) continues to accept and process DACA renewal requests. First-time requests may still be submitted, but USCIS isn’t processing them at this time. Because litigation and federal policies can change, our DACA lawyer in New York can review the current rules and how they apply to your circumstances.

Call (332) 330-8387 to request a consultation about DACA eligibility, a renewal, or a processing delay.

Who Is Eligible for DACA?

You must meet several requirements to be considered for DACA. You must have come to the U.S. before your 16^th birthday and continuously lived in the country since June 15, 2007.

Other eligibility requirements are as follows:

• As of June 15, 2012, you must have been younger than 31.
• You need to have been present in the U.S. on June 15, 2012, and at the time of making your request for consideration.
• You must have had no lawful immigration status on June 15, 2012, whether you entered without inspection or your lawful status had expired by that date.
• You must either be a high school student or graduate, have earned a certificate of high school completion or general education development certificate, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard.
• You can’t have a felony, a significant misdemeanor, or three or more other misdemeanors on your criminal record.
• U.S. authorities must determine you aren’t a threat to public safety or national security.

Meeting the general criteria doesn’t eliminate the need for case-specific review. A criminal record, a prior immigration filing, departure from the United States, advance parole history, or gap in continuous residence can affect how USCIS evaluates a request. We can examine the relevant records and explain whether an issue requires additional documentation or legal analysis.

DACA Renewal

DACA and related employment authorization are generally granted in renewable two-year periods. USCIS recommends applying for renewal four to five months before your current DACA period and Employment Authorization Document expire. A request filed more than 150 days before expiration may be rejected and returned for later filing.

A renewal filing generally involves Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and the I-765WS worksheet. Before filing, applicants should review changes involving their address, employment, education, travel, criminal history, and immigration circumstances. Missing information or an undisclosed change can complicate the review.

Renewal processing times can vary, and NYC government guidance has reported longer-than-usual waits. Timely filing doesn’t guarantee uninterrupted employment authorization, but it gives USCIS time to review the request before the current period expires. We assist clients with renewal preparation, delayed cases, requests for additional evidence, and questions about changed circumstances.