If you are submitting a paper form, make sure you use the most recent versions of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and the Form I-765 Worksheet. A new edition of Form I-765 went into effect on April 1, 2024.
On January 17, 2025, the Fifth Circuit Court of Appeals upheld the decision of the Southern District of Texas finding the program unlawful, but limited the decision to Texas and kept all DACA renewals — including for those who live in Texas — available for eligible recipients.
If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S. embassy or consulate, just as anyone would do if they were living abroad and applying for a green card based on marriage to a U.S. citizen ...
A recent court case ruled against the DACA program but upheld that existing DACA applications and related work permits approved before July 16, 2021, will remain valid. However, new applications cannot be processed. Litigation is ongoing to determine the legality of the DACA program.
As a result, there is no change to the status of the DACA program as of January 2025, with active DACA recipients nationwide continuing to be eligible to renew their status while the processing of first-time DACA applications by the DHS continues to be on hold.
USCIS recommends you submit your DACA renewal request 150 to 120 days (four to five months) before the expiration date on your current DACA approval notice (Form I-797, Notice of Action) and employment authorization document (EAD).
How Many I-130s Are Approved Every Year? Many visa categories, including family preference, have numerical limits on the number of approvals available each year. In recent years, the approval rate for Form I-130 petitions has been as high as 99%.
In a Nutshell - The processing time for U.S. citizens filing Form I-130 for a spouse beneficiary ranges from 13-54.5 months. - The processing time for legal permanent residents filing Form I-130 for a spouse beneficiary ranges from 32-67.5 months.