DACA Attorney in Cincinnati

What DACA Provides & What It Doesn’t

Deferred Action for Childhood Arrivals (DACA) grants a two-year period of deferred removal, meaning the federal government agrees not to initiate deportation proceedings against an approved recipient during that time. It also allows recipients to apply for an employment authorization document (work permit), a Social Security number, and in most states a driver’s license.

DACA does not confer lawful immigration status. Recipients are considered to be in a period of stay authorized by the Department of Homeland Security for certain limited purposes, but they remain undocumented. There is no direct pathway from DACA to a green card built into the program, though some recipients have obtained lawful permanent residence through family-based or employment-based channels that exist independently of DACA. USCIS adjudicates each request on a discretionary, case-by-case basis, so meeting the eligibility criteria doesn’t guarantee approval.

The Current Legal Landscape for DACA Recipients in Ohio

On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit upheld the lower court’s finding that the DACA program is unlawful but maintained the stay protecting current DACA recipients nationwide. As a result, USCIS continues to accept and process renewal requests but isn’t processing initial DACA applications. Current grants of DACA and related employment authorization documents remain valid until they expire unless individually terminated.

A significant development came in March 2025, when the Fifth Circuit’s mandate limited its injunction to Texas. Ohio recipients aren’t subject to the Texas-specific work authorization restriction. Separately, as of August 25, 2025, DACA beneficiaries are no longer eligible for health insurance through the Affordable Care Act Marketplace. That change is a current development, and its long-term status may continue to evolve. Because this legal and political landscape shifts frequently, we actively monitor court rulings and USCIS policy updates as part of our exclusive focus on immigration law.

DACA Renewal Eligibility Requirements

To be considered for a DACA renewal, a recipient must meet all of the following criteria:

• Arrived in the United States before age 16
• Maintained continuous residence in the United States since June 15, 2007, without extended disruptive absences
• Was physically present in the United States on June 15, 2012, and at the time of filing
• Was under age 31 as of June 15, 2012
• Is currently enrolled in school, has obtained a high school diploma or GED, or was honorably discharged from the U.S. military
• Has not been convicted of a felony, a significant misdemeanor, or three or more other misdemeanor offenses

One point matters especially right now: if your DACA status expired more than one year before your new filing date, USCIS treats your request as an initial application. Because USCIS isn’t currently permitted to process initial requests, a lapse of that length can end access to the program under current policy. Timely renewal is important.

The DACA Renewal Process & Filing Timeline

USCIS recommends submitting your renewal between 120 and 150 days (four to five months) before the expiration date on your current Form I-797 approval notice. Filing within that window reduces the risk of a gap in work authorization. Filing earlier than 150 days won’t speed up processing.

Required Forms & Filing Fees

A complete renewal package requires two forms: Form I-821D (Consideration of Deferred Action for Childhood Arrivals) and Form I-765 (Application for Employment Authorization). As of April 2024, the combined filing fee is $85 for Form I-821D plus $470 if filed online or $520 if filed by paper for Form I-765. Fees are subject to change; confirm current amounts at USCIS.gov before filing. As of October 28, 2025, USCIS no longer accepts paper checks or money orders for DACA filings. Payment must be made by credit card using Form G-1450 or by ACH transaction using Form G-1650.

Processing Times & Requests for Evidence

In 2025, most renewals are taking roughly two and a half to three months to process. If USCIS issues a Request for Evidence, a thorough and timely response is required to avoid denial.

Advance Parole for DACA Recipients

Advance parole allows current DACA recipients to travel outside the United States for humanitarian, educational, or employment reasons and return legally. It requires a separate application and must be approved before you depart. Traveling without advance parole while on DACA can carry serious immigration consequences.

For some recipients, travel on advance parole and a lawful return to the United States may open a pathway to later apply for adjustment of status to lawful permanent residence. Advance parole doesn’t guarantee re-entry; all returning travelers are subject to inspection at ports of entry. Before any international travel, speak with an immigration attorney about the risks and opportunities specific to your situation.

Why Cincinnati-Area DACA Recipients Work with Our Firm

DACA has been at the center of federal litigation for years, and the legal landscape shifts quickly. Because our practice is limited entirely to immigration law, we track those changes as they happen rather than monitoring them alongside a broader caseload. That focus has shaped how we work since 2009.

Bilingual Team & Firsthand Immigrant Experience

Our team handles client communication in both English and Spanish, which matters directly to the majority of DACA recipients in the Cincinnati area. Jorge H. Martinez and his son Alvaro went through the immigration process themselves. That perspective isn’t a marketing point; it shapes how we listen and how we prepare cases.

Ohio Licensure & Local Court Familiarity

We’re licensed in Ohio and Colombia, giving us a broader view of how different legal systems interact with U.S. immigration proceedings. Alvaro H. Martinez brings direct experience handling removal cases before the Cleveland Immigration Court, which has jurisdiction over Ohio deportation proceedings. We work with familiarity with procedures at the USCIS Cincinnati Field Office and have assisted clients from Mexico, India, China, Germany, Canada, and many other countries.

Speak with a DACA Attorney Serving Cincinnati Today

If your renewal window is approaching or you have questions about what the current litigation means for your status, don’t wait. A gap in DACA coverage can affect your work authorization and your deferred action status at the same time. Filing a complete, accurate renewal package as early as appropriate can put you in a better position.

Call (513) 275-1081 to schedule a consultation. Jorge H. Martinez Attorney At Law, LLC has provided personalized immigration representation to clients throughout the Cincinnati area and surrounding communities since 2009. Our bilingual team is ready to assist you in English or Spanish.