DACA Lawyers in Philadelphia, PA

Federal Litigation Capability Behind Every DACA Filing

DACA provides temporary protection from deportation and work authorization to individuals brought to the U.S. as children, but the program is under sustained legal attack. The Texas v. U.S. litigation continues to wind through federal courts, and the program's long-term future depends on further court action or legislation. For Philadelphia-area Dreamers, this program's evolutions can mean everything for the future.

At Henry & Grogan, we're here to help you protect your rights as a Dreamer and navigate all kinds of legal uncertainties. Our attorneys, Devin E. Grogan and Michael S. Henry, have been practicing law for decades and can leverage their experience to guide and advocate for you. Call our firm today to speak confidentially about your situation and how we can assist with anything from renewing DACA to safeguarding your immigration benefits. We offer free initial consultations and represent clients at affordable rates, because cost shouldn't stand between a Dreamer and qualified legal counsel.

Call Henry & Grogan at (215) 568-1500 to schedule your free consultation and learn how we can help you address your DACA status today.

Who Is Eligible for DACA?

Eligibility for DACA is based on several specific criteria. Understanding whether you qualify is a crucial first step, and an attorney review matters more than many applicants realize, especially when criminal history or documentation gaps are involved.

Generally, to be eligible for DACA, an applicant must:

• Have arrived in the United States before reaching their 16th birthday
• Have been under the age of 31 as of June 15, 2012
• Have continuously resided in the United States since June 15, 2007
• Have been physically present in the United States on June 15, 2012, and at the time of making the request
• Have had no lawful immigration status on June 15, 2012

In addition to these residency and age requirements, applicants must meet certain educational or military service criteria. Specifically, the individual must:

• Be currently enrolled in school;
• Have graduated from high school or obtained a GED; or
• Be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard

Criminal history is another critical consideration. Individuals convicted of a felony, a significant misdemeanor, or three or more misdemeanors may be ineligible for DACA. Even arrests without convictions can complicate an application. It's a detail many applicants don't anticipate, and many filing services overlook it entirely. A thorough review of your background can identify these issues before they become problems in a pending case.

Because immigration policies can shift and interpretations may change, eligibility assessments should always be handled carefully. At Henry & Grogan, we take the time to analyze each client's history and documentation to determine whether pursuing DACA is appropriate and advisable.

Initial DACA Applications & Renewals

There's an important distinction between first-time DACA applications and renewal requests. Both involve filing forms and supporting documentation, but the requirements and current USCIS processing posture differ significantly.

First-Time DACA Applications

First-time applicants must file Form I-821D together with Form I-765 (Application for Employment Authorization) and Form I-765WS (Worksheet). Documentation must demonstrate identity, date of U.S. entry, continuous residence, educational enrollment or completion, and compliance with criminal background requirements.

USCIS continues to accept initial DACA requests but isn't processing them currently. This distinction matters: Submitting a first-time application involves a risk-benefit calculus that prospective applicants should work through with an attorney before filing. This posture is subject to change as the Texas v. U.S. litigation proceeds, and the right strategy today may shift depending on court developments.

Even minor inconsistencies in documentation can lead to Requests for Evidence (RFEs) or denials. At Henry & Grogan, we work closely with clients to make certain every required document is included and properly prepared before submission.

DACA Renewals

DACA protection is granted in two-year increments and must be renewed before expiration. USCIS recommends filing renewals 120 to 150 days, roughly four to five months, before the expiration date shown on your Form I-797. Filing earlier than 150 days before expiration won't result in a faster decision, but if you file too late, it can create gaps in your Employment Authorization Document (EAD) and work authorization.

Renewals continue to be accepted and processed for recipients outside Texas, despite the broader litigation. That said, changes in criminal history, travel outside the U.S. without advance parole, or other life events between renewal periods can affect eligibility. Our DACA lawyers in Philadelphia can review your situation before filing to ensure there are no new concerns that could jeopardize your status.

The Current Legal Landscape for DACA Recipients

On January 17, 2025, the Fifth Circuit Court of Appeals issued a ruling finding major portions of the DACA Final Rule unlawful, but maintained the stay for current recipients. That means renewals continue nationwide. The Fifth Circuit also limited the work authorization severance injunction to Texas, so recipients in Pennsylvania continue to receive deportation protection and work authorization through the renewal process. USCIS isn't processing initial DACA applications; the case was remanded to the district court for further proceedings. All of this remains subject to change as litigation continues.

This environment creates real risk for applicants who navigate the process alone. Filing incorrect information, misunderstanding eligibility requirements, or failing to disclose critical details can result in denial or exposure to immigration enforcement. DACA approval is discretionary. Meeting eligibility criteria doesn't guarantee approval, and any inconsistency can trigger additional scrutiny.

At Henry & Grogan, we closely monitor changes in DACA policy and court rulings and provide guidance tailored to the current legal climate. Throughout their careers, our lawyers have handled high-stakes immigration matters and worked tirelessly to protect the rights and futures of numerous clients. Their know-how can be your advantage when dealing with the uncertainties of the DACA program's status and requirements. 

How Our Philadelphia DACA Lawyers Can Protect Your Future

DACA offers valuable temporary relief, but it isn't a permanent solution. Legal counsel provides more than assistance with paperwork. It offers strategic planning and a long-term perspective on where DACA fits in your immigration story.

Our team can:

• Carefully assess eligibility and identify potential red flags before filing.
• Prepare and organize supporting documentation to minimize RFEs and denials.
• Make sure all forms are accurate and complete.
• Respond promptly and effectively to official request for evidence.
• Advise on advance parole. Traveling outside the U.S. without an approved advance parole document cancels DACA status, and an attorney should evaluate the risk before any international travel.
• Evaluate whether other immigration pathways may be available. 

For some individuals, DACA may serve as a stepping stone toward another form of relief, such as family-based immigration (including a marriage visa or a K-1 fiancée visa), employment-based petitions (such as adjusting your status or transitioning from DACA to an H-1B visa), or other humanitarian protections. Our attorneys can help explore these possibilities and develop a comprehensive strategy for what comes after DACA.

Schedule a Free Consultation at Henry & Grogan

Your immigration status shouldn't be left to chance, especially now. If you're considering applying for DACA or need assistance with a renewal, Henry & Grogan is ready to provide personalized legal guidance at affordable rates. We can review your circumstances, discuss eligibility, and develop a strategic plan tailored to your needs.

Contact Henry & Grogan at (215) 568-1500 to schedule your free consultation with a DACA lawyer serving Philadelphia and clients nationwide.

Not sure where to start? Your first conversation with us costs nothing.

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