Charlotte Dreamers (DACA) Attorney Serving Clients Nationwide
Understanding DACA and the Current Legal Landscape
Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy created in 2012 that allows certain people who arrived in the United States as children to request protection from deportation and eligibility for work authorization. Applicants must meet several criteria, including having arrived before age 16 and maintaining continuous presence in the U.S. for many years. DACA does not provide permanent legal status, but it offers deferred action with renewable periods, generally every two years. 
The legal status of DACA has been shaped by ongoing litigation. In January 2025, a federal appeals court (the Fifth Circuit) ruled that aspects of the DACA Final Rule were inconsistent with federal immigration law. As a result, U.S. Citizenship and Immigration Services (USCIS) is temporarily accepting but not adjudicating initial (first-time) DACA applications. This means USCIS will receive your initial application and fees, but will hold that request without making a decision until the court order changes or the litigation otherwise resolves.
At the same time, USCIS continues to accept and adjudicate DACA renewal requests and related employment authorization applications, allowing individuals who already have DACA to maintain their protection and work eligibility for now. Current grants remain valid through their expiration dates unless they are individually terminated.
Call B&G Law Group, PLLC at 980-999-1153 to schedule a consultation with a lawyer today.
What This Means for Dreamers and Prospective Applicants
Renewals: Active and Ongoing
If you already have DACA or your most recent DACA expired less than one year ago, you can submit a renewal request. USCIS is actively processing and approving those renewals, including related employment authorization documents (EADs). Renewal applications generally must be submitted before your current period of DACA expires — typically 120 to 150 days before expiration — in order to avoid any lapse in work eligibility.
Initial Applications: Accepted but Not Processed
For individuals who have never had DACA, USCIS will accept your initial application and associated fees, but will not process or decide on that application at this time because of the current court order. Your filing will be acknowledged with a receipt notice, and USCIS will hold it until the legal situation changes.
What Happens Next
The litigation affecting DACA remains active, and the legal landscape could evolve. Courts may issue new rulings, or Congress may act to provide long-term protections through legislation. Because of this uncertainty, it is especially important for DACA recipients and those eligible for DACA to stay informed, file renewals on time, and consult with legal counsel about the implications for their individual circumstances.
How B&G Law Group, PLLC Can Support You
Navigating the DACA process can be complex, especially in the context of ongoing litigation and shifting policy guidance. Melody Busey provides direct, individualized guidance for Dreamers in Charlotte, North Carolina, and across the region.
Whether you are renewing your existing DACA protections or preparing to submit an initial application that will be accepted and held by USCIS, Melody can help you:
- Understand the current litigation context and how it affects your case
- Prepare complete and timely applications for renewal
- Review eligibility requirements and document submissions
- Answer questions about work authorization and travel considerations
Staying on top of deadlines and policy changes can make a meaningful difference in your ability to maintain protections and work legally in the United States. With careful preparation and personalized attention, you can approach the process with confidence.
Have Questions About an Immigration Matter?
When your status, your family’s future, or your ability to remain in the United States is on the line, clear guidance is essential. Call B&G Law Group, PLLC at 980-999-1153 to discuss your situation and get the support you need.