San Antonio DACA Lawyer | DACA Renewal & Work Permits

San Antonio DACA Lawyer

DACA Renewal, Work Permits & Dreamer Legal Services in Bexar County

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DACA Renewal & Protection for San Antonio Dreamers

Deferred Action for Childhood Arrivals (DACA) has provided protection from deportation and work authorization to hundreds of thousands of individuals who were brought to the United States as children. If you are a current DACA recipient in San Antonio, maintaining your status through timely renewals is essential to protecting your livelihood, your family, and your future.

At The Echavarria Law Firm, attorney Elizabeth Echavarria has helped DACA recipients across San Antonio and Bexar County navigate renewals, address criminal record concerns, explore pathways to permanent residence, and respond to the program's shifting legal landscape. With over 15 years of experience in immigration law, she provides the informed, strategic counsel Dreamers need in an uncertain environment.

⚠️ 2026 Program Status: DACA remains active for renewal applicants only. New initial applications are not being accepted following the Texas v. United States ruling. Current recipients should continue to file timely renewals. The legal landscape is actively evolving — consult an attorney for the most current status.

DACA Eligibility Requirements

To be eligible for DACA renewal, you must continue to meet the original eligibility criteria established in 2012. The core requirements are:

Arrival Before Age 16

You must have entered the United States before your 16th birthday. This requirement applies to your initial entry, not subsequent reentries.

Continuous Residence Since June 15, 2007

You must have continuously resided in the U.S. since June 15, 2007, up to the present time. Brief, innocent, and casual absences do not necessarily break continuous residence.

Physical Presence on June 15, 2012

You must have been physically present in the United States on June 15, 2012, and at the time of filing your initial DACA request.

No Lawful Immigration Status

On June 15, 2012, you had no lawful immigration status — meaning you entered without inspection, your visa had expired, or your prior immigration status had terminated.

Education Requirement

You must be currently enrolled in school, have graduated or obtained a GED, or have been honorably discharged from the U.S. Armed Forces or Coast Guard.

No Disqualifying Criminal Record

You must not have been convicted of a felony, significant misdemeanor, or three or more non-significant misdemeanors. You must not pose a threat to national security or public safety.

DACA Renewal Process — Step by Step

1

Gather Required Documents

Collect your current DACA approval notice (I-797), current EAD card, valid ID (passport, state ID, or school ID), and any records of address changes, travel, arrests, or criminal dispositions since your last renewal.

2

Complete Form I-821D + I-765 + I-765WS

File the three required forms: I-821D (Consideration for DACA), I-765 (Application for Employment Authorization), and I-765WS (Worksheet). All three must be filed together as a package.

3

Pay the Filing Fee

The combined filing fee is $405 ($85 biometric services + $320 for I-821D and I-765). Payment by check or money order payable to "U.S. Department of Homeland Security." No fee waiver is currently available for DACA renewals.

4

Mail Your Application

DACA renewals are filed by mail. Your attorney will send the completed package to the designated USCIS lockbox. You will receive a receipt notice (I-797C) confirming USCIS received your application.

5

Biometrics Appointment

USCIS will schedule you for a biometrics appointment at your local Application Support Center in San Antonio. You will provide fingerprints, a photograph, and a signature for background check purposes.

6

Receive Your New EAD

If approved, USCIS mails your new Employment Authorization Document (EAD) and a renewed DACA approval notice. Your new DACA period is valid for 2 years from the approval date. Processing currently takes 3 to 8 months.

ℹ️ Filing Timeline: USCIS recommends filing your renewal 150 days (5 months) before your current DACA expires. Filing early prevents gaps in work authorization and ensures continuity of your protection.

DACA Renewal Costs in San Antonio (2026)

Item Cost Notes
USCIS Filing Fee (I-821D + I-765) $405 Includes $85 biometrics + $320 form fees; no fee waiver available
Attorney Fees (Standard Renewal) $500 – $1,500 Application preparation, document review, filing
Attorney Fees (Complex — Criminal History) $1,500 – $3,000 Criminal record assessment, court disposition retrieval, risk analysis
Advance Parole (I-131) $575 For approved travel outside the U.S.; additional attorney fees apply
Replacement EAD (Lost/Stolen) $405 Same fee as renewal; required if card is damaged, lost, or stolen

Criminal Record & DACA: What You Need to Know

Criminal history is the leading cause of DACA denials and the area where legal representation is most critical. Understanding exactly what disqualifies you — and what does not — can be the difference between maintaining your status and losing it.

Conviction Type Impact on DACA Action Required
Felony Automatic disqualification — DACA cannot be renewed Explore post-conviction relief; consult criminal immigration attorney
Significant Misdemeanor Automatic disqualification (DUI, domestic violence, drug offenses excluding marijuana possession ≤30g, burglary, unlawful firearms possession, sexual abuse, any offense with 90+ days jail time) Evaluate if conviction can be vacated or reduced; attorney review essential
3+ Non-Significant Misdemeanors Disqualifying unless related to immigration status (e.g., driving without license in some states) Document each conviction; determine if any qualify for the immigration status exception
1-2 Non-Significant Misdemeanors Generally does NOT disqualify, but must be disclosed and explained Include certified court dispositions with your renewal application
Arrests Without Conviction Does not disqualify, but must be disclosed; may trigger additional scrutiny Include arrest records and proof of case dismissal or non-filing
Traffic Tickets (Non-Criminal) Minor traffic infractions generally do not affect DACA No action needed unless they escalated to criminal charges
⚠️ Disclosure Is Mandatory: You must disclose ALL arrests, charges, and convictions on your DACA renewal — even if charges were dismissed, expunged, or you were found not guilty. Failure to disclose is grounds for denial and can be considered fraud.

DACA Legal Timeline — Key Milestones

June 15, 2012

DACA Program Created

President Obama announces DACA via executive memorandum, directing DHS to exercise prosecutorial discretion for eligible childhood arrivals.

September 5, 2017

DACA Rescission Announced

Attorney General Sessions announces DACA will be wound down. Federal courts issue injunctions keeping the program alive for renewals.

June 18, 2020

Supreme Court Blocks Rescission

In DHS v. Regents of the University of California, the Supreme Court rules 5-4 that the rescission was arbitrary and capricious, restoring DACA.

July 16, 2021

Texas v. United States — DACA Ruled Unlawful

Judge Hanen in the Southern District of Texas rules DACA unlawful, blocking new initial applications while allowing current recipients to continue renewing.

August 30, 2022

Final Rule Published

DHS issues a final rule codifying DACA as a federal regulation. Legal challenges continue in the Fifth Circuit.

2024–2026

Ongoing Litigation & Renewals Continue

DACA remains in legal limbo. Renewals continue to be processed. No new initial applications accepted. Congressional legislation for permanent protection has not passed.

Pathways from DACA to a Green Card

While DACA does not directly provide a path to permanent residence, several pathways may be available depending on your individual circumstances:

Marriage to a U.S. Citizen

If you entered the U.S. with inspection (at a port of entry with a visa or border crossing card), you may be able to adjust status to permanent residence through marriage to a U.S. citizen without leaving the country. If you entered without inspection, consular processing with an I-601A unlawful presence waiver may be required — a complex but potentially viable pathway. Advance parole under DACA may also create a lawful admission that facilitates adjustment.

Employer Sponsorship

Some DACA recipients may qualify for employment-based green cards through their employers, particularly in STEM fields, healthcare, and other high-demand occupations. This typically requires PERM labor certification and an approved I-140 petition. The process is lengthy but can provide a permanent solution independent of DACA's legal status.

✓ Strategic Advice: Advance parole — when available — creates a lawful admission to the U.S., which can be a critical building block for future adjustment of status. If you qualify for advance parole, discuss the long-term implications with an attorney before traveling.

Frequently Asked Questions — DACA Renewal

As of 2026, DACA remains operational for renewal applicants only. The program has faced multiple legal challenges, including the Texas v. United States ruling that found the program unlawful for new applicants. Current DACA recipients can continue to renew their status, but no new initial applications are being accepted. The legal landscape is evolving, and recipients should consult an attorney for the most current program status and any changes that may affect their eligibility.
USCIS recommends filing your DACA renewal 150 days (approximately 5 months) before your current DACA and EAD expire. Filing early ensures continuous coverage and prevents gaps in your work authorization. If your DACA has already expired, you may still be eligible to renew, but you will have a gap in status during which you cannot work legally. Late renewals are still accepted, but processing times vary.
The USCIS filing fee for DACA renewal is $405, which includes $85 for biometrics and $320 for the combined I-821D and I-765 filing. Attorney fees for DACA renewal assistance in San Antonio typically range from $500 to $2,000 depending on case complexity. Some organizations and nonprofits offer low-cost or free assistance, but having an attorney review your application is recommended, especially if you have any criminal history or address changes.
DACA itself does not provide a direct path to a green card. However, DACA recipients may qualify for a green card through other immigration pathways such as marriage to a U.S. citizen, employer sponsorship, or family-based petitions. A critical consideration is whether you entered the U.S. with inspection (at a port of entry) or without inspection. If you entered with inspection, adjustment of status may be available. If not, consular processing with an I-601A waiver may be necessary. An immigration attorney can evaluate your specific situation.
If your DACA renewal is denied, USCIS will send a denial notice explaining the reason. Common reasons include criminal convictions, national security concerns, failure to meet continuous residence requirements, or departure from the U.S. without advance parole. You can request a review of the decision, file a motion to reopen or reconsider, or submit a new application if the issues can be resolved. An attorney can analyze the denial notice and identify the best strategy to restore your DACA status.
Criminal history can significantly impact your DACA renewal. A single DUI conviction does not automatically disqualify you, but it triggers additional scrutiny. DACA disqualifiers include: conviction of a felony, significant misdemeanor (including DUI, domestic violence, drug offenses excluding marijuana possession of 30g or less, burglary, unlawful firearms possession, sexual abuse, any offense with 90+ days jail time), or three or more non-significant misdemeanors. Even arrests without convictions should be reported and documented. An attorney should review your criminal history before you file your renewal.
DACA does not authorize international travel. If you leave the U.S. without advance parole, your DACA will be automatically terminated, and you may trigger 3-year or 10-year bars on reentry due to unlawful presence. Advance parole may be available for humanitarian, educational, or employment purposes, but its availability has been inconsistent under different administrations. Traveling on advance parole and returning through a port of entry creates a lawful admission, which can be strategically important for future green card eligibility.
While DACA renewal can be straightforward for individuals with no criminal history, address changes, or travel complications, having an attorney is strongly recommended in several situations: if you have any arrests or criminal convictions (even dismissed charges), if you traveled outside the U.S., if you have address or employment changes, or if your previous renewal was delayed or denied. An attorney ensures your application is complete, accurate, and filed on time to prevent gaps in your work authorization.

Related Immigration Resources

Protect Your DACA Status Today

Don't risk gaps in your work authorization or unexpected denials. Attorney Elizabeth Echavarria has helped hundreds of San Antonio Dreamers maintain their DACA status through timely, accurate renewals.

Call (210) 320-5633 — Free Consultation