Miami Deferred Action (Acción Diferida) / DACA Lawyers

Who Qualifies for DACA

USCIS sets out several requirements for DACA eligibility, and meeting them on paper is only part of the picture.

To request DACA, you generally need to show:

• Age and entry – You were under 31 as of June 15, 2012, and arrived before your 16th birthday.
• Continuous residence – You've lived in the United States without a significant departure since June 15, 2007.
• School, work, or military status – You're enrolled in school, hold a diploma or GED, or were honorably discharged from the U.S. armed forces or Coast Guard.
• A clean enough record – No felony conviction, significant misdemeanor, or three or more other misdemeanors.

We review your entry history, school and work records, and any past contact with immigration or law enforcement before we tell you where you stand.

How Filing Works: Initial Requests and Renewals

A DACA request starts with Form I-821D, paired with Form I-765 for work authorization and a biometrics appointment. A renewal uses the same forms to extend protection you already hold, and USCIS recommends filing 120 to 150 days before your current DACA expires so a decision arrives before your status does.

Litigation over the program has slowed that process. USCIS data shows renewal approvals have dropped sharply while the pending caseload sits at its highest point on record, and the same litigation has left USCIS accepting first-time requests without deciding them for years. Filing early, and filing correctly, matters more than it used to.

Advance Parole: Traveling While You Have DACA

Advance parole lets a current DACA recipient leave the United States temporarily, usually for humanitarian, educational, or employment reasons, and return without abandoning their case. You request it on Form I-131, separately from your DACA.

For years, attorneys could tell clients that returning on advance parole would not trigger the unlawful presence bars, the rules that can block someone from re-entering for three or ten years, even if they had entered without inspection originally. 

A 2026 decision from the Board of Immigration Appeals changed that, holding that leaving on advance parole now counts as a "departure" that can trigger those bars for anyone who accrued unlawful presence before receiving DACA. A trip that used to carry little risk can now carry a serious one, depending on how you entered the country, so we review your entry history before you file for advance parole.

DACA and the Courts

DACA has faced legal challenges almost continuously since 2017 in Texas v. United States. Current DACA recipients everywhere, including here in Florida, continue to renew their protection from removal and their work permits while the case moves through the courts, and the program has already changed direction more than once. We track the litigation as it moves, rather than waiting for a ruling that could catch a client off guard.

We Review Your Case Before Filing

Filing the wrong form at the wrong time can cost you more than a fee.

Before we recommend a request, renewal, or advance parole application, we review:

• Entry and residence history – When and how you came to the United States, and whether your continuous residence since June 15, 2007, is well documented.
• School, work, and military records – The evidence that supports your education or service requirement under the DACA guidelines.
• Contact with immigration or law enforcement – Any prior encounters that could affect eligibility or change how we recommend you proceed.
• Pending court dates – Whether you have an active case before the Miami Immigration Court or elsewhere that DACA does or doesn't resolve on its own.

If another attorney already reviewed your case and you left that conversation with more questions than answers, we start over with your documents rather than where that conversation left off.

Frequently Asked Questions About DACA

Who Qualifies For DACA?

To qualify for DACA, individuals must have arrived in the United States before age 16, lived continuously in the U.S. since June 15, 2007, and been under age 31 as of June 15, 2012. Applicants must meet education or military service requirements and have no disqualifying criminal history. A DACA attorney in Miami can review eligibility carefully and explain how current court rulings may affect your options.

Is DACA Still Available For New Applicants In Miami?

DACA remains a complex and evolving program. While renewals are generally being processed, new initial applications are currently limited due to ongoing court decisions. Policies can change quickly, and eligibility may depend on individual circumstances and timing. Speaking with a DACA lawyer helps clarify whether you can file now, prepare documentation in advance, or explore alternative immigration options if DACA is not immediately available.

What Documents Do I Need To Apply For DACA?

A DACA application typically requires proof of identity, evidence of arrival in the U.S. before age 16, continuous residence since 2007, and records showing education, graduation, or military service. Applicants must also submit criminal background information if applicable. A DACA attorney can help organize school records, passports, affidavits, and other evidence to present a complete and well-supported application.