Criminal Defense Lawyers

Bronx DACA Lawyers

You need to renew your DACA. Or maybe you’re trying to figure out if you still qualify after something happened – an arrest, a job change, a move. You’re in the Bronx looking for a lawyer who actually knows what they’re doing with these cases and won’t mess up something that affects your entire future in this country.

Here’s what most DACA lawyers won’t tell you upfront: renewal isn’t automatic. Things can go wrong. Your application can be rejected over a missing signature. It can be denied over something you didn’t think mattered. And the difference between “rejected” and “denied” is enormous – one you can fix, the other you cannot appeal.

Too many DACA recipients walk into renewals thinking it’s a simple paperwork exercise. They’ve done it before, nothing went wrong, so they assume it’ll be fine again. Then something changes. USCIS updates their forms. Someone gets pulled over. Marijuana is legal in New York now but still federally illegal. These things matter more than most people realize.

This article is going to tell you what can actually go wrong with your DACA renewal and how to avoid the mistakes that get applications rejected or denied. Because understanding what disqualifies you is just as important as understanding what qualifies you.

If you’re in the Bronx looking for a DACA lawyer, start by understanding the real risks involved. Then find someone who can help you navigate the process without making preventable errors that could cost you your status.

Rejection vs Denial – The Difference That Changes Everything

This is the most important thing to understand about DACA applications, and almost nobody explains it clearly. Theres a massive diffrence between having your application rejected and having it denied. They sound similar but there completly different situations with completly different consequences.

A rejection means USCIS never actualy reviewed your case on the merits. Something was wrong with how you filed – missing signature, wrong form version, incorrect fee, sent to wrong address. There sending your application back without looking at whether you qualify. You can fix the problem and refile.

A denial means USCIS reviewed your case and determined you dont qualify for DACA status. This is much more serious. You cannot file a motion to reopen or reconsider. You cannot administratively appeal the decision. Your options are extremly limited.

If your denied, you can request a review by calling the USCIS Contact Center at 800-375-5283. But this isnt an appeal – its just asking them to double-check. If the denial stands, your only option is to file a completly new application and pay the fee again. And if your denied for something like a criminal conviction, filing again probably wont change anything.

The lesson here is simple: do everything possible to avoid denial in the first place. A rejection is fixable. A denial changes your situation permanantly. This is why having a lawyer review everything before you submit matters so much.

What Crimes Disqualify You From DACA

Criminal issues are the most common reason DACA applications get denied rather then just rejected. And the rules are stricter then alot of people realize, especialy regarding things that are now legal under state law but still ilegal federaly.

The automatic disqualifiers are clear. You cannot have DACA if youve been convicted of:

Any felony – regardless of what it was or how long ago it happend.

A significant misdemeanor – this includes DUI/DWI, domestic violence, sexual abuse, drug trafficking, burglary, unlawful firearm possession, and any offense with a sentence of more then 90 days in jail.

Three or more misdemeanors – even if there all minor, three strikes and your out under DACA rules.

Heres what catches people: marijuana is still federaly illegal. New York legalized recreational marijuana, so alot of people think its not a problem anymore. Wrong. For federal immigration purposes, marijuana remains a Schedule I controlled substance. Any involvement – purchasing, using, selling – can be enough to get your DACA denied. Even if you were never charged. Even if its completly legal were you did it.

A single DUI conviction generaly disqualifies you from DACA renewal. One conviction. Not a pattern of behavior – one time. This includes DUI for alcohol, not just drugs. The standards are much stricter then regular criminal law.

If you have any criminal history whatsoever, you need to talk to an immigration lawyer before filing your renewal. Not after you file and get a denial. Before. A good lawyer can often explain issues in a way that improves your chances, or tell you honestly if there not good options available.

The Arrest Disclosure Requirement Everyone Gets Wrong

This mistake alone has caused more DACA problems then almost anything else. Page 4, Part 4, Question #1 of Form I-821D asks about arrests. And people consistantly get this wrong becuase they missunderstand what there being asked.

The question asks if youve been “arrested, cited, charged, or detained” for any offense. Notice it says arrested OR charged OR detained – not convicted. If you were arrested but charges were dropped, you still have to report it. If you were detained but never charged, you still have to report it. If you got a citation that was later dismissed, you still have to report it.

Many DACA recipients beleive they only need to report actual convictions. This is incorrect and can be treated as misrepresentation if USCIS discovers arrests you didnt disclose. Even if the arrest had no bearing on your eligability, hiding it looks like fraud.

If youve been arrested between your last DACA approval and now, USCIS strongly recommends seeing an attorney before submitting your renewal. Not after. Before. An attorney can help you understand whether the arrest affects your eligability and how to properly document and explain it.

The consequences of failing to disclose can be worse then the arrest itself. An arrest for a minor offense that wouldnt disqualify you can become a denial reason if USCIS determines you commited fraud by hiding it. Always disclose everything and let your lawyer explain the circumstances.

Common Filing Mistakes That Get Applications Rejected

Rejections are frustrating becuase there usualy preventable. These are the mistakes that cause USCIS to send your application back without ever reviewing it:

Using an outdated form version. USCIS updates there forms periodicaly. If you download a form today and file six months from now, it might be out of date. Always get forms directly from the USCIS website right before you file. Using an old form = automatic rejection.

Missing signatures. Every form has signature requirements, sometimes multiple signatures on different pages. Miss one and your application comes back. Check every page before mailing.

Wrong filing address. USCIS has specific lockbox addresses for different form types. Send your DACA renewal to the wrong address and its rejected as “improperly filed.” Double-check the filing instructions.

Incorrect payment. The fee for online filing is $555. Paper filing is $605. Send the wrong ammount and your rejected. If your check bounces your in even more trouble. Many attorneys recomend money orders or certified checks to avoid banking issues.

Incomplete application. Every field needs an answer, even if that answer is “N/A” or “none.” Leaving blanks can cause rejection becuase USCIS cant tell if you skipped it intentionaly or accidentaly.

Every one of these mistakes means starting over. You pay the filing fee again. Your timeline resets. If your current DACA was about to expire, you might have a gap in work authorization. All becuase of preventable errors that a lawyer would have caught before filing.

How Much Does DACA Renewal Actually Cost

The government fees increased in April 2024, and alot of outdated information is still circulating online. Heres what you actualy pay:

Online filing: $555 total

Paper filing: $605 total

This covers Form I-821D (DACA request), Form I-765 (work authorization), and biometrics. You dont pay seperate biometrics fees anymore – its included in the total.

Attorney fees vary widely in the Bronx. For a straightforward DACA renewal with no complications, expect $500-1,500. If you have criminal history, arrests that need explaining, or other complications, fees can run $1,500-3,000 or more depending on how much work is involved.

Some organizations offer free or low-cost DACA assistance. BronxWorks Immigration Law Unit, Bronx Defenders, and Catholic Migration Services all provide immigration legal services on a sliding scale or free for those who qualify. The wait may be longer then a private attorney, but quality legal help at any price is better then filing incorrectly on your own.

Fee waivers are technicaly available through Form I-912, but the requirements are stringent. You generaly need household income below 150% of poverty guidelines or recieve means-tested benefits like SNAP or Medicaid. Most DACA recipients working full time wont qualify.

When Should You File Your DACA Renewal

Timing matters more then people realize. USCIS strongly recomends filing your renewal 120 to 150 days before your current DACA expires. Thats 4-5 months in advance. Not 2 months. Not “whenever I get around to it.” Four to five months.

Why so early? Becuase processing times are unpredictable. The oficial USCIS goal is 120 days, but actual processing can take 3-18 months. If you wait until 60 days before expiration to file and processing takes 6 months, you’ll have a gap where your DACA and work authorization have expired but your renewal is still pending.

During that gap, you technicaly cant work. Your employer might have to terminate you. You lose your drivers liscence in some states. All becuase you filed to late.

Heres another critical timing issue: if you file more then one year after your current DACA expires, USCIS treats it as an initial request rather then a renewal. Initial requests are not being processed right now due to ongoing litigation. So if you let your DACA lapse for over a year, your stuck – you cant renew and you cant get a new initial grant.

The message is simple: file early. Set a reminder for 150 days before your expiration date. Gather your documents before that. Have everything ready to file the moment you hit that window.

What Happens If Your DACA Gets Denied

This is the outcome everybody fears, and you need to understand your extremly limited options. Unlike most immigration denials, DACA denial cannot be appealed. There is no motion to reopen. There is no board of immigration appeals review. The decision is basicaly final.

Your only options after denial:

Service request review. You can call USCIS at 800-375-5283 and request they review the denial. This isnt an appeal – your basicly asking them to double-check there work. If they made a clerical error or overlooked evidence you submitted, this might help. If the denial was based on a correct reading of your criminal history or eligability, it probably wont change anything.

File a new application. You can submit a completly new DACA request and pay the fee again. But if your denied for substantive reasons (criminal history, lack of continuous residence, etc.), filing again will almost certainly result in another denial. You’d be throwing away $555-605.

Consult an immigration lawyer. A lawyer might identify other immigration options you didnt know about. Maybe you qualify for a different status. Maybe theres a path to a green card through a family member. Maybe your situation has changed in a way that affects eligability. But for DACA specificly, once your denied, your options within that program are very limited.

The denial also means your information is in USCIS systems. If immigration enforcement priorities shift, having a denied DACA application on record could potentialy make you a target. This is speculative but worth considering when deciding whether to file if your eligability is questionable.

Travel and Advance Parole – What DACA Recipients Need to Know

One of the most complicated issues for DACA recipients is international travel. With regular DACA status alone, you cannot travel outside the United States and return. Leaving without permission means abandoning your status.

Advance parole is the mechanism that allows DACA recipients to travel internationally for humanitarian, educational, or employment purposes. You apply separately, USCIS evaluates whether your reason for travel qualifies, and if approved, you get permission to leave and return.

But heres the risk nobody wants to talk about: Customs and Border Protection officers have discretion at the border. Even with approved advance parole, reentry is not guarenteed. Officers can deny entry if they believe you’re inadmissable for any reason. And if you have any criminal history or immigration complications, the risk increases.

Given the current political climate and ongoing litigation around DACA, most immigration attorneys are advising extreme caution about international travel. The rules could change quickly. What’s allowed today might not be allowed tomorrow. If you absolutly must travel, consult with an attorney first and understand the risks your taking.

Many Bronx DACA recipients have family abroad they havent seen in years. The desire to travel is completly understandable. But the consequences of being unable to return are severe. Make an informed decision with full knowledge of the risks involved.

Finding a DACA Lawyer in the Bronx

The Bronx has several good options for DACA legal assistance, ranging from private attorneys to nonprofit organizations. Heres what to consider when choosing.

Experience with DACA specifically. Immigration law is broad. You want someone who handles DACA cases regularly, not someone who does one every few years. Ask how many DACA renewals they’ve processed in the past year.

Clear fee structure. Get the total cost in writing before you commit. What does the fee include? Whats extra? Is there a payment plan? Beware of attorneys who quote low fees then charge extra for every phone call or document review.

Communication style. You need someone who returns calls and explains whats happening with your case. Immigration processes are stressfull enough without wondering what’s going on. Ask about there typical response time for client questions.

Nonprofit options. If private attorney fees are beyond your budget, organizations like BronxWorks, Bronx Defenders, and Catholic Migration Services offer immigration legal services. Wait times may be longer, but the quality is often excelent. These organizations employ experienced immigration attorneys and DOJ-accredited representatives who handle hundreds of cases.

Beware of notarios. In many Latin American countries, a notario is a licensed legal professional. In the United States, a notary public is just someone who can witness signatures – they cannot give legal advice. Immigration fraud by people calling themselves notarios is a serious problem. Only work with licensed attorneys or DOJ-accredited representatives.

A good DACA lawyer dosnt just file paperwork. They review your situation for potential problems, advise on timing, prepare you for biometrics, and help if anything goes wrong. The fee is an investment in protecting your status.

The Current State of DACA – What You Need to Know for 2025

DACA exists in a state of legal uncertainty that affects every recipient. Understanding the current situation helps you make informed decisions about your renewal and your future.

USCIS is currently accepting and processing DACA renewal requests. If you already have DACA, you can renew. This continues despite ongoing litigation challenging the program’s legality.

Initial DACA requests are a different story. USCIS will accept initial applications, but is not processing them due to a judicial stay. If you never had DACA before, you cannot get it right now regardless of whether you qualify.

The legal challenges to DACA continue working through the courts. Various district court decisions, appeals, and potential Supreme Court involvement mean the program’s future remains uncertain. No one can tell you with certainty that DACA will exist in five years, or even next year.

What does this mean practicaly? Renew your DACA as early as possible every time. Don’t let it lapse. Stay informed about legal developments. Have a backup plan if possible – explore whether other immigration options might be available to you.

Many Bronx DACA recipients have built entire lives here – careers, families, mortgages, businesses. The uncertainty is frustrating and unfair. But the best strategy remains protecting the status you have while it exists and staying informed about what might change.

Your DACA lawyer should be able to explain the current legal landscape and what it means for your specific situation. If there considering other paths to permanent status, like marriage to a citizen or employer sponsorship, discuss those options during your renewal consultation.

Taking the Next Step

DACA renewal isnt as simple as refiling the same paperwork every two years. Rules change. Your situation changes. Small mistakes have big consequences. The difference between a rejected application and a denied application can determine whether you can fix the problem or whether your options have permanantly narrowed.

If your DACA expires in the next 5 months, now is the time to act. Gather your documents. Check whether you have any arrests or criminal issues to address. Find a qualified Bronx DACA lawyer who can review your situation and make sure everything is filed correctly.

The legal uncertainty around DACA makes every renewal more important. You dont know how many more renewal cycles you’ll get. Make each one count by doing it right – no mistakes, no missed disclosures, no preventable rejections.

Whether you use a private attorney or a nonprofit legal services organization, get help. DACA is to important to your life in this country to risk on DIY paperwork. A few hundred dollars for legal assistance is nothing compared to what you lose if your status ends because of an avoidable error.

Your future in America depends on maintaining your DACA status. Protect it by understanding the rules, avoiding the common mistakes, and working with someone who knows how to navigate the system. The Bronx has good DACA lawyers and legal aid options available. Use them.