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Need help now?Urgent contacts
EmergencyCall 911Crisis supportCall 988 Text 988Local servicesCall 211Checked October 22, 2026
Where this applies
Federal rules (USCIS and immigration law), the same in every state. Local legal help listed for San Mateo and Santa Clara counties.
Facts checked

Take the next step

This is general information, not legal advice. Before you travel, or if you have any arrest or court case, talk to an immigration lawyer or a DOJ accredited representative.

What can make me lose DACA?

Crimes, safety concerns and a few serious mistakes. USCIS can end your DACA at any time. When DACA ends, your work permit ends too. Usually USCIS first sends a letter called a Notice of Intent to Terminate, and gives you a chance to answer.

These can stop a renewal or end your DACA:

  • Any felony. That is a crime that can bring more than one year in jail.
  • One significant misdemeanor. That includes DUI, domestic violence, sexual abuse, burglary, drug sales and illegal gun charges, no matter the sentence. Any other misdemeanor with more than 90 days in jail also counts.
  • Three or more other misdemeanors from different days and different acts. Minor traffic tickets do not count. DUI always does.
  • Being seen as a threat to national security or public safety.

An expunged record, a juvenile case or a state immigration crime does not count automatically. But USCIS still looks at the whole picture. Tell your lawyer about all of them.

What if I am arrested?

Call an immigration lawyer right away. We know this is scary. Moving fast is how you protect yourself.

Tell your criminal defense lawyer that you have DACA. A plea deal that seems small, like a DUI or a drug charge, can cost you your DACA. Ask both lawyers to talk before you agree to anything in court.

Can I travel outside the U.S.?

Only with advance parole, a travel permit you get before you leave. Leave without it, and you may not be able to come back. You can also lose your DACA.

  • Advance parole is only for school, work or humanitarian reasons, like visiting a very sick relative. Vacation is not a valid reason.
  • The fee is $630 on paper or $580 online. The permit will not last past your DACA end date.
  • USCIS still accepts these requests from people with DACA. Legal groups report closer review in 2026.

Example (made up): Luis came to the U.S. at 10. He turned 18 in May 2010 and first got DACA in March 2013. That is almost three years without status after 18. A trip on advance parole now could set off the 10 year bar for him. His sister came at the same time but got DACA at 17 and has never had a gap. Her unlawful presence after 18 is zero, so the bars should not reach her, but a lawyer should still check her record before she goes.

Budget for the parole fee. The USCIS fee schedule lists a $1,050 parole fee under advance parole, including DACA. CBP collects it at the airport or border each time you are paroled back in, unless CBP decides you fit a narrow exception, such as a medical emergency or a dying relative. There is no fee waiver (USCIS fee schedule, updated October 16, 2026, checked October 21, 2026). Ask your lawyer how it applies to your trip.

What if I get a Notice of Intent to Terminate?

Act fast. This letter means USCIS is thinking about ending your DACA. In most cases, USCIS sends this notice first and gives you a chance to answer. It may skip the notice only for a conviction for certain national security offenses or an "egregious public safety offense" (USCIS DACA FAQ Q29 and Q76, checked October 21, 2026).

  1. Find the deadline on the notice and write it on your calendar.
  2. Take the notice to an immigration lawyer or DOJ accredited representative the same week. Bring any court papers the notice mentions.
  3. Answer by the deadline, with the proof your lawyer helps you gather. Keep a copy of everything you send.
  4. Keep working only while your DACA is valid. If USCIS ends your DACA, your DACA work permit ends with it automatically (USCIS DACA FAQ Q30).

If USCIS denies a DACA request, there is no appeal. If you think USCIS made an administrative mistake, such as mailing a notice to an old address you had already updated, call the USCIS Contact Center at 800-375-5283 to ask for a review (USCIS DACA page).

What if I move?

Tell USCIS within 10 days. Use the online change of address tool, with the receipt number of your pending case if you have one. Or mail Form AR-11. The Post Office does not update USCIS, and USCIS mail is not forwarded. Miss a notice, and you can miss a deadline.

Do I need to file taxes?

Yes, if you earn enough to need to file. The IRS says people who count as U.S. residents for tax purposes are taxed like citizens and must file when they meet the filing rules. For tax credits your family may get, see CalEITC and Young Child Tax Credit with an ITIN.

Do I need to register for Selective Service?

Yes, if you are a man age 18 through 25. Selective Service says undocumented men in that age range must register, and its own materials tell DACA recipients to register. Register at sss.gov.

What must I never do?

  • Never say you are a U.S. citizen, on a job form, a loan, a voter form or anywhere else. A false claim can bar you from ever getting a green card.
  • Never vote in a federal, state or local election unless the law lets you. Illegal voting can bar you too.
  • Never give false information on a DACA form. It is a federal crime with up to 5 years in prison.
  • Never lie on a gun purchase form. A September 26, 2025 USCIS memo tells officers to end DACA for recipients who unlawfully try to buy a firearm (USCIS policy memoranda, checked October 21, 2026). Ask a lawyer before you try to buy any gun.

If a form asks for your citizenship and you are not sure what to mark, stop. Ask a lawyer.

What changed in 2026 that I should watch?

Three things. Before you file, check the USCIS DACA page for anything newer.

  • No automatic extension of your work permit. DACA work permits do not get extra time while a renewal is pending. On October 14, 2026, DHS made final the end of automatic extensions for renewals filed on or after October 30, 2025. File on time. See While you wait.
  • A proposed rule, not final. On June 5, 2026, DHS proposed stricter criminal history and fingerprint review for some work permits, including DACA work permits. Public comments closed August 4, 2026. It would apply only to applications filed after a final rule takes effect. We found no final rule as of October 21, 2026.
  • Court cases. In April 2026, the Board of Immigration Appeals said an immigration judge may not end a removal case only because the person has DACA. See Your rights with DACA.

Who can help?

You don't have to figure this out alone. These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

  • California Department of Social Services: a map of state funded immigration legal services. Call (916) 651-8017.
  • Community Legal Services in East Palo Alto: (650) 326-6440
  • Legal Aid Society of San Mateo County: (650) 558-0915
  • Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, consultations by appointment
  • Catholic Charities (San Mateo County): (650) 295-2160
  • Santa Clara County: Office of Immigrant Relations partners
  • California Attorney General, immigrant rights: oag.ca.gov/immigrant, immigration@doj.ca.gov

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Is there a checklist I can print?

Yes. Print it, fill in your dates, and keep it with your papers.

Sources

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