Q#1: I have heard reports that DACA recipients who filed for renewal have been waiting months for approvals. Is there a reason for such extreme delays with DACA renewals?
A#1: There are likely three reasons that DACA renewals are taking so long to process:
- The Trump Administration has directed USCIS to re-review many immigration cases that were already approved in the past five years, essentially anything approved during the Biden Administration. This includes asylum grants, humanitarian programs, and denaturalization matters.
- USCIS processes DACA renewals but it is ultimately under the larger Department of Homeland Security, which was part of the government shutdown and lost their funding for multiple weeks. While USCIS is primarily fee-based and should not have been directly affected, there was likely a lingering impact from the broader departmental shutdown.
- The Trump Administration is not trying to help immigrants. The DACA program, which was created under former President Obama and which President Trump has tried to end multiple times, is a very low priority for the current administration. As a result, even if the program can’t be ended, the next best thing is to process cases as slowly as possible to create as much pressure and hardship for DACA recipients as possible.
Q#2: How soon am I allowed to file to renew my DACA status?
A#2: A DACA recipient can file up to 150 days before their DACA status expires. For example, if your DACA status expires in August 2026, you should have filed to renew it in March 2026. In certain cases, our office has filed renewal applications even earlier than the 150-day mark. However, the risk is that USCIS may renew the DACA period for the same timeframe previously granted rather than for a new two-year period.
Q#3: What options do I have if I already filed to renew my DACA and it has expired?
A#3: If you timely filed your DACA renewal application (150 days in advance), you may submit a service inquiry with USCIS requesting adjudication of your case. However, this does not guarantee immediate review or approval. If you wait until the last minute to file, you may not be eligible to submit a service inquiry until at least five months after you have filed, even if your DACA has already expired.
Q#4: The last time I renewed my DACA, I filed two weeks before it expired and was approved before my status expired. Why are there such large discrepancies in processing times?
A#4: Your renewal two years ago was under a different administration, and over the 14 years since the DACA Program began, processing times have fluctuated wildly. The longest delays occurred during the COVID-19 pandemic.
Q#5: Is there anything else I can do if my DACA status has expired, I am no longer eligible to work, and I am unable to submit a service request?
A#5: Given the temporary nature of the DACA program, the final option is to contact your local federal congressional representative by calling them or visiting their local office to tell them how this slowdown in renewals has affected you. This helps ensure they are aware of how many people have lost their ability to work and may prompt them to try to change the law or to contact USCIS through congressional channels on your behalf to request case review. In Central Washington, you should contact Dan Newhouse’s office. In far Eastern Washington, you should contact Michael Baumgartner’s office. If elsewhere, look online to determine who your congressional representative is and how to contact them for assistance.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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