Criminal Defense Lawyers

Manhattan DACA Lawyers

You need a DACA lawyer in Manhattan. Maybe your renewal is coming up. Maybe you’re worried about the gap between when your current work authorization expires and when the new one arrives. Maybe your employer is already asking questions about your status, and you don’t know if what they’re doing is legal.

Here’s what most DACA lawyers focus on: filing the forms, gathering documents, getting you through biometrics. That’s important. But there’s another piece of this puzzle that almost nobody talks about – what happens to your job during the renewal process. Because DACA recipients don’t get the automatic work authorization extension that other applicants get. When your EAD expires, it expires, even if your renewal is still pending.

This creates real problems. Processing times are unpredictable. USCIS says their goal is 120 days, but actual processing can take 3 to 18 months. If you filed late – or even if you filed on time but processing got delayed – you might face a gap where you’re legally unable to work but still waiting on your new card.

What happens during that gap? Can your employer fire you? Can they put you on leave? What are your rights? Most DACA resources don’t cover this in detail, and most immigration lawyers focus on the filing side rather than the employment law side. But for DACA recipients in Manhattan’s competitive job market, understanding your workplace rights is just as important as understanding the renewal process.

This article covers both: the DACA renewal process itself and what happens to your job while you wait. If you’re looking for a Manhattan DACA lawyer, find one who understands both sides of this equation.

The EAD Gap Problem – Why DACA Recipients Face Unique Challenges

Other employment-based work authorization categories get something called an automatic extension. If you file for renewal on time, your current EAD remains valid while the new one is processing. This prevents gaps in work authorization caused by USCIS processing delays.

DACA dosnt work this way. Your Employment Authorization Document expires on the date printed on the card, period. Theres no automatic extension while your renewal is pending. If USCIS takes longer then expected to process your case, your work authorization ends even though you did everything right.

This is a design flaw in how DACA operates, and it creates real hardship. Youve done everything correctly – filed on time, paid the fee, waited patiently – but your ability to work legaly ends becuase of government processing delays outside your control.

The practical conseqences are severe. Your employer is legally required to stop employing you once your work authorization expires. They cant keep paying you, even if there willing to. Even if your renewal gets approved the next day, that gap existed, and working during it would violate immigration law for both you and your employer.

This is why timing your renewal is so critical. USCIS strongly recommends filing 120-150 days before your current DACA expires. Not becuase the process only takes 120 days – it often takes much longer – but becuase filing early gives you the best chance of avoiding a gap. Even then, theres no guarentee.

What Your Employer Can and Cannot Legally Do

Alot of DACA recipients dont fully understand there workplace rights. Employers sometimes take advantage of this confusion, acting before there legally allowed to or making demands they have no right to make. Knowing the rules protects you.

Before your EAD expires: Your employer cannot fire you, demote you, reduce your hours, or take any negative action against you simply becuase your work authorization has an expiration date. Every temporary work permit has an expiration date. Treating DACA recipients differently then other workers with temporary authorization may constitute illegal discrimination.

You are not required to tell your employer that your EAD is expiring or that you have DACA status at all. Employers cannot ask employees or job applicants about there specific citizenship or immigration status. They can only verify that you’re authorized to work through the I-9 process.

On or after expiration: Once your EAD actualy expires, the situation changes. Your employer is legally required to stop employing you if you cannot produce a new work authorization document. They can terminate your employment at this point – they have to, in fact, to comply with there own legal obligations.

The key distinction is timing. Any adverse action BEFORE your EAD expires may be illegal discrimination. Action on or after expiration is generaly lawful employment verification. If your employer starts threatening your job weeks or months before your EAD expires, thats a problem. If they terminate you the day after expiration becuase you have no valid work authorization, thats legal.

Anti-Discrimination Protections Under Federal Law

The Immigration and Nationality Act includes specific provisions protecting workers from discrimination based on citizenship status and national origin. These protections apply to DACA recipients.

The Department of Justice Immigrant and Employee Rights Section enforces these laws. Heres what employers cannot do:

Document abuse: Employers cannot demand more or different documents then required for I-9 verification. If you present valid work authorization documents, they must accept them. They cannot demand specific documents based on your citizenship status or percieved national origin.

Selective enforcement: Employers cannot single out certain employees for reverification based on there accent, appearance, name, or percieved immigration status. If there going to reverify work authorization, they have to do it consistantly for everyone.

E-Verify abuse: Employers using E-Verify cannot run existing employees through the system based on assumptions about there immigration status. This violates E-Verify rules and can result in the employer losing access to the system.

Termination before expiration: Firing you before your work authorization actualy expires, simply becuase you’re not permanantly authorized to work, may violate anti-discrimination laws. The law protects workers with valid temporary authorization.

If your employer violates any of these rules, you have options. More on that below.

What To Do If Your Employer Acts Illegally

If your employer discriminates against you becuase of your DACA status or national origin, you can file a complaint with the Department of Justice.

The Immigrant and Employee Rights Section operates a free worker hotline: 1-800-255-7688. You can call to report discrimination, ask questions about your rights, or start the complaint process. The hotline is available Monday through Friday, and translators are available.

The IER offers a mediation-type process designed to quickly resolve disputes with employers. Many issues can be handled through this informal process without litigation. If mediation fails, you can file a formal complaint that could result in back pay, reinstatement, and penalties against the employer.

Document everything. If your employer makes comments about your immigration status, write down what was said, when, and who witnessed it. Save any emails or texts that reference your status. If there treating you differently then other employees with similar work authorization situations, document those comparisons too.

You dont need a lawyer to file a complaint with IER, but having an employment attorney review your situation can help you understand your options. Some Manhattan immigration lawyers work closely with employment attorneys on exactly these types of crossover cases.

Negotiating Leave of Absence During the Gap

If you do face a gap in work authorization – your EAD expires but your renewal is still pending – you have limited options. You cannot work legaly during this period. But you might be able to preserve your job.

Some employers are willing to place employees on unpaid leave of absence during authorization gaps. This isnt termination – your position is held, your seniority is preserved, and you return to work when your new EAD arrives. This requires employer cooperation, but its worth asking.

If your employer agrees to a leave of absence, get the terms in writing. Specificaly request that your reinstatement will be at the same position (or comparable) with seniority corresponding to your original hire date. Make sure the leave is classified in a way that dosnt affect your benefits eligibility or tenure status.

Your employer is not obligated to offer this. They can legaly terminate you when your work authorization expires. But many employers value there employees and would rather hold a position open for a few weeks or months then lose someone and start the hiring process over. It dosnt hurt to ask, especialy if you have a good relationship with your employer.

Start this conversation before your EAD expires, not after. Give your employer time to figure out logistics on there end. The more advance notice you provide, the more likely they are to work with you.

How To Avoid the Gap – Timing Your DACA Renewal

The best solution to the gap problem is prevention. File your renewal early enough that processing completes before your current EAD expires.

USCIS recomends filing 120-150 days before expiration. This means 4-5 months in advance. Not 2 months. Not “when I get around to it.” The moment your expiration date is 150 days away, you should be ready to file.

Gather your documents ahead of time. Make sure you have current photos, your previous DACA approval notices, evidence of continuous residence, and any other required documentation. Dont wait until 150 days to start collecting these – have them ready so you can file imediately when the window opens.

Pay attention to processing times. USCIS posts estimated processing times on there website, but these are averages. Your case might be faster or slower. If you notice processing times increasing, consider filing even earlier then the 150-day mark. Theres no penalty for filing early.

Use online filing if possible. Its slightly cheaper ($555 vs $605 for paper), and it lets you track your case status in real time. You can see when documents are recieved, when biometrics are scheduled, and when a decision is made. This transparency helps you plan.

If you’ve already filed and your current EAD is about to expire with no decision in sight, contact USCIS. If your renewal has been pending more then 105 days and you havent heard anything, you can call to check status. Sometimes cases get stuck for administrative reasons that a phone call can resolve.

DACA Renewal Costs and Process Overview

For Manhattan DACA recipients, the renewal process involves several components:

Filing fee: $555 for online filing, $605 for paper filing. This includes the Form I-821D (DACA request), Form I-765 (work authorization), and biometrics. You no longer pay a seperate biometrics fee – its rolled into the total.

Required forms: Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), Form I-765WS (Worksheet), and Form G-1145 if you want electronic notification. Always download forms directly from the USCIS website to ensure your using the current version.

Biometrics appointment: You’ll be scheduled for a biometrics appointment where USCIS takes your fingerprints and photo. For Manhattan residents, this typicaly happens at a local Application Support Center. Bring your appointment notice and a valid ID.

Processing time: Oficial USCIS goal is 120 days. Actual processing ranges from 3-18 months. This unpredictability is why filing early matters so much.

Attorney fees: Manhattan DACA lawyers typicaly charge $500-1,500 for straightforward renewals. Complex cases with criminal history, arrest disclosures, or other complications may cost more. Legal aid organizations like Catholic Migration Services and the Safe Passage Project offer free or low-cost DACA assistance for those who qualify.

Manhattan USCIS Field Office Considerations

Manhattan’s USCIS field office is located on Hudson Street in lower Manhattan. This is where DACA interviews happen if USCIS requests one (most renewals dont require interviews, but some do).

Working with a Manhattan DACA lawyer who knows this particular office can be advantageous. Different USCIS offices have different procedures, different wait times, and sometimes different expectations. An attorney who regularly practices at the Hudson Street office understands its quirks.

Biometrics appointments for Manhattan residents are generaly scheduled at Application Support Centers in the area. Your attorney can explain what to expect and help you prepare. Its a straightforward process – arrive on time, present your appointment notice and ID, and let them take your fingerprints and photo.

If USCIS requests an interview (which is uncommon for renewals), your attorney can accompany you to Hudson Street. Having legal representation at an interview provides peace of mind and ensures nothing goes wrong.

Finding the Right Manhattan DACA Lawyer

Manhattan has many immigration lawyers, but not all of them handle DACA cases regularly. Heres what to look for:

DACA-specific experiance: Ask how many DACA cases they’ve handled in the past year. You want someone who does this regularly, not ocasionally. DACA has its own rules and quirks that generalist immigration lawyers might not know intimately.

Employment law awareness: Given the workplace issues DACA recipients face, its valuable to have an attorney who understands both immigration and employment law, or who has connections to employment lawyers for referals. Not every immigration lawyer understands workplace discrimination claims.

Clear fee structure: Get the total cost in writing before commiting. What exactly does there fee cover? DACA renewal filing? Responses to Requests for Evidence? Help if something goes wrong? Avoid lawyers who quote low fees then charge extra for every phone call.

Communication: Immigration processes are stressful. You want a lawyer who returns calls, responds to emails, and keeps you informed about whats happening with your case. Ask about there typical response time during the consultation.

Nonprofit alternatives: If private attorney fees are beyond your budget, organizations like the Safe Passage Project, Catholic Migration Services, and the New York Immigration Coalition offer low-cost or free DACA assistance. Wait times may be longer, but these organizations employ experienced attorneys and DOJ-accredited representatives.

The Current Legal Landscape – What You Need to Know

DACA exists in a state of ongoing legal uncertainty. Federal courts have issued conflicting rulings about the programs validity. The Supreme Court may ultimately decide its fate. No one can tell you with certainty what DACA will look like in five years.

What we know right now: USCIS is accepting and processing DACA renewal applications. If you currently have DACA, you can renew. This continues despite ongoing litigation challenging the program.

Initial DACA applications are a different story. USCIS will accept them 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 would otherwise qualify.

What does this uncertainty mean for you? Renew early, every time. Dont let your status lapse. Stay informed about legal developments. Consider whether other immigration options might be available – marriage to a citizen, employer sponsorship, or other pathways that could lead to permanent status independent of DACA.

Your Manhattan DACA lawyer should be able to explain the current legal landscape and what it means for your situation. If there are other paths to permanent residency worth exploring, discuss them during your consultation. Having a backup plan is smart given the uncertainty.

What If You Already Missed the Window

If your DACA already expired or your about to miss the renewal window, dont panic – but do act quickly. The situation is more complicated but not always hopeless.

If your DACA expired less then one year ago, you can still file a renewal request. USCIS will treat it as a renewal rather then an initial application. File imediately – every day you wait makes things worse. Your work authorization is already gone, so theres no benefit to delaying.

If your DACA expired more then one year ago, USCIS treats any new request as an initial application rather then a renewal. And initial DACA requests are not currently being processed due to ongoing litigation. This is a much more difficult situation that requires legal guidance to understand your options.

Either way, consult with a Manhattan DACA lawyer before filing anything. The rules for lapsed DACA are complicated, and filing incorrectly can make things worse. An attorney can assess your situation and advise on the best path forward given the current legal landscape.

Taking Action Now

If your DACA expires in the next five months, the time to act is now. Gather your documents. Calculate when you should file. Find a qualified Manhattan DACA lawyer who can review your situation and make sure everything is submitted correctly.

If your worried about workplace issues – employer questions, discrimination, the gap between EADs – address those concerns too. Know your rights. Document any problematic employer behavior. Dont let fear of losing your job prevent you from understanding the legal protections that exist.

The DACA program may be uncertain, but your rights under current law are real. Employers cannot discriminate against you. You cannot be fired before your work authorization expires simply because your not permanantly authorized. You have remedies if these rules are violated.

Protect your status by renewing on time. Protect your job by understanding your rights. And work with a Manhattan DACA lawyer who understands both the immigration side and the employment side of what DACA recipients face. Your future in America depends on navigating both successfully.