DACA and TPS

Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) give hundreds of thousands of people protection from removal and permission to work. Neither is a green card, and both have been changing quickly through court decisions and government action. If you have DACA or TPS, or think you qualify, the most important things are knowing your current status, filing renewals on time and planning for what comes next. Our office helps DACA recipients and TPS holders in Atlanta, Norcross and across Georgia do all three.

DACA: where things stand

DACA began in 2012 and was written into federal regulations in 2022 (8 C.F.R. 236.21 through 236.25). Federal courts in Texas have found the program unlawful, and the litigation continues. After a January 17, 2025, decision by the U.S. Court of Appeals for the Fifth Circuit, USCIS says that:

• It continues to accept and process renewal requests and related work permit applications.
• It accepts first-time requests but does not process them, so new applicants cannot receive DACA at this time.
• Current grants and work permits remain valid until they expire, unless individually terminated.

In May 2026, USCIS also issued policy guidance describing deferred action generally as an extraordinary use of prosecutorial discretion. That signals closer scrutiny of discretionary requests.

DACA guidelines

To qualify, a person generally must have:

• Been under 31 on June 15, 2012
• Come to the United States before turning 16
• Lived here continuously since June 15, 2007
• Been physically present on June 15, 2012, and when filing
• Had no lawful status on June 15, 2012
• Been in school, graduated or earned a GED, or been honorably discharged from the armed forces
• No felony, no “significant misdemeanor,” no three or more other misdemeanors, and no threat to public safety or national security

Renewing DACA

USCIS recommends filing a renewal 120 to 150 days before your current DACA expires. Filing late can create a gap in work authorization and protection, and if your DACA has been expired for more than a year, USCIS may treat your request as a first-time request. Any new arrest, even for a minor offense, should be reviewed before you file.

Travel and DACA

Leaving the United States without advance parole ends DACA. Advance parole is granted only for limited purposes and does not guarantee reentry. For some people, a lawful return on advance parole has later made adjustment of status possible, for example through a U.S. citizen spouse. Talk with a lawyer before you apply or travel.

TPS: where things stand

The Secretary of Homeland Security can designate a country for TPS when armed conflict, a natural disaster, an epidemic or other extraordinary conditions make return unsafe. TPS holders cannot be removed and may work and request travel authorization while the designation lasts.

Many designations ended in 2025 and 2026, including those for Venezuela, Haiti, Honduras, Nicaragua, Nepal, Syria, Somalia, Yemen, South Sudan, Burma and Ethiopia. In June 2026, the Supreme Court sided with the government in a challenge to TPS terminations. As of November 2026, USCIS lists El Salvador, Lebanon, Sudan and Ukraine as currently designated. Lebanon’s designation runs through November 27, 2026. Check the status of your country before you rely on TPS, because announcements can come with short notice.

TPS requirements

• Be a national of a designated country, or a person without nationality who last habitually resided there
• Have been continuously physically present since the designation’s effective date and continuously resided since the date set for your country
• File during the registration or re-registration period, or qualify for late filing
• Not be barred because of certain criminal history or security grounds

Current TPS holders must re-register during each window announced in the Federal Register, even if they have a pending application for something else. Missing a re-registration period can end your TPS, and late re-registration is allowed only for good cause.

Planning beyond DACA and TPS

Because neither program is permanent, every DACA recipient and TPS holder should be screened for longer-term options:

• Family-based green cards through a U.S. citizen spouse, parent or adult child, especially for people who were inspected and admitted or who returned on advance parole
• Employment-based green cards or work visas, sometimes processed abroad with a waiver
• Asylum or withholding of removal for people who fear harm in their home country
• U visas or T visas for victims of crimes or trafficking
• Cancellation of removal if you are placed in removal proceedings and meet the requirements

The Supreme Court held in Sanchez v. Mayorkas (2021) that TPS by itself is not an “admission” for adjustment of status. So TPS holders who entered without inspection may need another path or a waiver. If your TPS has ended, do not wait. Talk with a lawyer about your current status and any pending applications.

If your protection ends

• Note the exact date your work authorization ends, and watch for Federal Register notices that may automatically extend existing work permits. Keep a copy of any notice for your employer.
• Do not use expired documents for work after the date set by USCIS.
• Keep copies of every approval notice, work permit and application.
• If you receive a Notice to Appear, see our removal defense page.

Hypothetical: A DACA recipient in Doraville came to the United States at age six on a visitor visa and married a U.S. citizen last year. Because her original entry was an inspected admission, she may be able to adjust status through her husband even though she later fell out of status. She keeps renewing DACA on time while the family petition and green card application are prepared.

Read the USCIS Temporary Protected Status page for current country designations. You can also learn about our adjustment of status services and our post on TPS work permit fees in 2026.

This page reflects USCIS guidance and court decisions as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a DACA and TPS lawyer in Atlanta, our office can file DACA renewals and TPS re-registrations, review criminal history before you file, advise on travel and advance parole, screen you for permanent options, and defend you if removal proceedings begin.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.