Immigration
DACA and TPS
Deferred Action for Childhood Arrivals renewals and Temporary Protected Status applications and renewals.
DACA and TPS are two of the most important administrative programs for South Texas immigrant families, even though both are subject to ongoing political and litigation uncertainty. Each provides work authorization, protection from removal, and (for DACA) advance parole travel in limited circumstances, but neither leads to a green card by itself.
DACA, established in 2012, protects certain individuals who came to the U.S. as children. New initial applications have been blocked by court order since 2021; renewals for current grantees remain available. Renewing on time is essential because lapse means loss of work authorization and exposure to removal.
TPS protects nationals of designated countries from removal during periods of armed conflict, natural disaster, or other extraordinary conditions. Country designations are made and ended by the Secretary of Homeland Security. Currently designated countries include Venezuela, Haiti, El Salvador, Honduras, Nicaragua, Sudan, Syria, Ukraine, Yemen, and others, with redesignations and terminations announced periodically.
We handle DACA renewals and TPS applications and renewals, and we screen DACA / TPS holders for other forms of relief that may offer a more durable status (family-based petitions, U visas, asylum, cancellation in removal). Living on a renewing temporary status year after year is not always the best long-term plan.
Common scenarios
Situations we see often
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DACA renewal with new criminal history
A DACA recipient has a new arrest or conviction. The renewal needs careful evaluation of whether the underlying conduct disqualifies DACA or merely triggers additional review.
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DACA holder who has not traveled abroad and wants advance parole
Advance parole for DACA recipients is available for limited humanitarian, educational, or employment purposes, and can in some cases provide a lawful entry that opens adjustment-of-status options.
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TPS applicant from a newly designated country
A national of a newly designated TPS country needs an initial application within the registration period. Late registration is allowed only in narrow circumstances.
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Long-time TPS holder considering permanent options
A TPS holder may have a U.S. citizen child or spouse, an old employer who would sponsor them, or a basis for asylum or U visa. We map these options out.
What to do
If this happens to you
Track your renewal date. USCIS recommends DACA renewal 120-150 days before expiration; TPS renewal during the announced re-registration window. Missing the window can mean loss of status and work authorization.
Do not travel outside the U.S. on DACA or TPS without advance parole. Departure without it is treated as abandonment of the status and can trigger removal proceedings on return.
How we help
How our firm can help
We prepare and file DACA renewals and TPS applications and re-registrations on time, screen for any criminal or other issues that may complicate the case, and represent clients at any biometrics-related or interview matters.
We screen every DACA and TPS client for other available relief. A spouse or U.S. citizen child, a workplace incident that may support a U visa, or a credible asylum claim are all worth exploring instead of relying year after year on a status that can be canceled.
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~530,000
active DACA recipients as of late 2023
USCIS, Approximate DACA Population
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~660,000
TPS holders across designated countries
USCIS, TPS Country Information
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120-150 days
recommended window to file a DACA renewal before expiration
USCIS DACA Filing Guidance
Common questions
Questions about DACA and TPS
Can I get DACA for the first time now?
New initial DACA applications have been blocked by court order. USCIS continues to accept renewals from current grantees. The litigation situation can change; we stay current.
My TPS country was terminated. What happens now?
Termination triggers a wind-down period during which work authorization remains valid. Court orders have stayed certain terminations historically. We monitor the litigation and screen for other relief.
Can DACA lead to a green card?
Not by itself. DACA can support a future adjustment of status if the recipient has a qualifying basis (such as marriage to a U.S. citizen) and has obtained lawful entry, often via advance parole travel.
Will my work permit lapse if my renewal is late?
Yes. USCIS may grant a limited automatic extension for renewal applications filed before expiration, but lapses do happen. File early.
Related topics
More under Immigration
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.