NYC DACA Lawyer: Renewing and Protecting Your Status in New York

Last Updated on: 11th October 2025, 11:05 am

NYC DACA Lawyer: Renewing and Protecting Your Status in New York

Thanks for visiting Spodek Law Group. We’re a second-generation immigration law firm managed by Todd Spodek – with over 40 years of combined experience. You might know us from the Anna Delvey case that became a Netflix series, or our representation in the Ghislaine Maxwell juror matter. You’re here because you have DACA and you need to renew – or you’re worried about losing your status. This article covers what’s happening with DACA in 2025, when to renew, what the new fees are, and what happens if you miss your deadline.

DACA Renewals Still Work – But New Applications Are Blocked

On January 17, 2025, the Fifth Circuit Court of Appeals ruled that parts of DACA are unlawful – but allowed current recipients to keep their status and renew while the case continues. USCIS continues accepting and processing renewal requests for people who already have DACA, but they’re not processing new initial applications right now.

If you currently have DACA – you can renew it. Your work permit stays valid until it expires, and you can keep renewing as long as the program continues. If you never had DACA before – USCIS will accept your application but won’t process it, which means you’re stuck waiting with no decision and no benefits.

The Fifth Circuit said the federal government can legally protect immigrants from deportation – but ruled that issuing two-year work permits is most likely illegal. The case is ongoing, and no one knows how it’ll end. That’s why timing your renewal correctly matters more now than ever.

File Your Renewal 120 to 150 Days Before Expiration

USCIS wants you to file between 120 and 150 days before your current DACA expires – that’s 4 to 5 months early. Check the expiration date on your Form I-797 approval notice, count backwards, and mark your calendar.

Filing during this window gives USCIS time to process your renewal before your current DACA runs out. Processing times in 2025 run 1 to 2 months for most people – but delays happen, and if you file too late, you’ll have a gap where you can’t work legally and you’re at higher risk for deportation.

Don’t file earlier than 150 days – it won’t speed up your case, USCIS just holds your application until it’s time to process it. Don’t file later than 120 days unless you have no choice, because you’re risking a gap in coverage.

If your DACA already expired – you can still file a renewal request if it’s been less than one year since expiration. USCIS treats this as a regular renewal, not a new application. If it’s been more than one year – you’d need to file as an initial applicant, and USCIS isn’t processing those right now.

Renewal Fees Increased to $555 or $605 in 2025

As of April 1, 2024, DACA renewal fees went up. You now pay either $555 if you file online or $605 if you file on paper – so filing online saves you $50.

This breaks down as $470 for Form I-765 (work permit application) when filed online, or $520 for the paper version, plus $85 for Form I-821D (the DACA request itself). You must file both forms together when renewing.

Before April 2024, the total cost was $495 – so fees increased by $60 to $110 depending on how you file. There’s no fee waiver available for DACA renewals, everyone pays the same amount regardless of income.

Some organizations in New York offer financial help with DACA renewal fees – like Catholic Charities Community Services, Immigrant Justice Corps, and The Legal Aid Society. Contact them early if you need help paying, because funding is limited and they often have waitlists.

What Happens If You Miss Your Renewal Deadline

When your DACA expires – your work authorization ends immediately. You can’t legally work in the United States, and if your employer runs an I-9 check or E-Verify, they’ll see your EAD is expired. Most employers will terminate you or put you on unpaid leave until you get a new work permit.

Your protection from deportation also ends. ICE can arrest you and place you in removal proceedings once your DACA expires – though in practice, they focus on people with criminal records or gang ties rather than expired DACA recipients with clean backgrounds.

New York is a sanctuary city – which means NYPD generally won’t cooperate with ICE detainer requests or help with immigration enforcement. But sanctuary policies don’t protect you if ICE arrests you directly, and they don’t stop federal agents from targeting you if they want to.

If you let your DACA lapse and you’re out of status for more than 180 days – you start accruing unlawful presence. When you accrue unlawful presence, you trigger the 3-year or 10-year bars if you ever leave the United States. This makes it nearly impossible to get a green card later through marriage or other family petitions, because you’d have to leave the country for consular processing and then you’d be barred from reentering.

Some people think “I’ll just renew when I need to work again” – but the damage from letting DACA expire goes beyond losing your job. You’re accumulating unlawful presence that follows you forever, and you’re giving ICE a reason to deport you if they find you.

Criminal Convictions Can Make You Ineligible for DACA Renewal

USCIS will deny your DACA renewal if you’ve been convicted of a felony, a significant misdemeanor, or three or more misdemeanors. Significant misdemeanors include domestic violence, sexual abuse, burglary, DUI, drug possession, or any misdemeanor with a sentence of 90 days or more.

If you got arrested but the case was dismissed or you completed a diversion program – that usually doesn’t count as a conviction for DACA purposes, but you still need to disclose it on your renewal application and submit court documents proving the outcome.

Marijuana possession is tricky. Even though New York legalized recreational marijuana in 2021 – federal immigration law still treats it as a controlled substance. A marijuana conviction can make you ineligible for DACA renewal depending on the amount and circumstances. If you have any drug convictions – talk to an immigration attorney before filing your renewal, because USCIS might deny you and put you in removal proceedings.

Some people try to hide criminal convictions when renewing DACA – this is fraud, and it’s worse than the original conviction. USCIS runs FBI background checks on every DACA application, and they will find your criminal record. If you lied on your application – USCIS will deny your renewal, revoke your current DACA, and refer you for prosecution for immigration fraud.

Why You Need A NYC Immigration Attorney for DACA Issues

DACA is under constant legal attack – and the rules change based on court rulings that happen without warning. Our immigration attorneys monitor these cases and know how to time your renewal to avoid gaps in coverage, how to handle criminal issues that might disqualify you, and what to do if USCIS denies your renewal or issues a Request for Evidence.

Todd Spodek grew up in Brooklyn working for his father’s law firm – learning immigration law from a young age as a second-generation attorney. He studied at Northeastern University and Pace Law School before handling high-profile cases that have been featured in major media outlets, like the New York Post, Newsweek, and Bloomberg. Our immigration attorneys have handled thousands of cases since 1976 – including DACA renewals, removal defense, and complex waivers.

If your DACA is expiring soon and you haven’t filed yet – or if you have criminal issues that might affect your eligibility, or if USCIS already denied your renewal, contact our immigration attorneys. We’re available 24/7 at our offices throughout NYC and Long Island.