San Francisco, CA asked in Immigration Law and Gov & Administrative Law for Washington

Q: I have already applied for permanent residency through my spouse. Do I renew my DACA?

I hold a DACA status that expired last year. I'm assuming my work permit also expired. I didn't renew for 3 reasons: (1) My husband is an active military who applied for my residency a couple months before my DACA status expired. (2) I'm in grad school and was busy and without the financial means to renew if it wasn't completely necessary assuming that being in the process grants some type of "process" protection. (3) I was unsure after the news that the DACA program was ending. I am currently not working, but I'm receiving an assistanship.

Should I still apply for renewal? Or should I just wait for my residency process to complete?

I applied in the Seattle, WA office.

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV
  • Licensed in Washington

A: There are two reasons why you might want to renew DACA:

1. So you can work; and

2. To avoid accruing unlawful presence.

If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue (it doesn’t accrue while your adjustment application is pending), you should not need to renew DACA.

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