Client Benefits
Free Consultation
Free Consultation

Can I Renew My DACA if I Have Been Charged With a Crime?

If you have DACA and were recently arrested, charged, or cited for a crime, you may be wondering whether you can still renew your DACA status. This is one of the most common questions DACA recipients ask, and the answer is: it depends on the type of crime and the status of your case.

This guide explains what you need to know and why speaking with an experienced immigration attorney is critical before making any decisions in your criminal case.

1. USCIS Reviews Your Criminal History Every Time You Renew DACA

When you file a DACA renewal, USCIS conducts a new background check. This means they will review:

Even minor cases can affect your DACA renewal, depending on the circumstances. Many people mistakenly believe that misdemeanors do not matter or are less serious, but that is not always true. Even cases that were later dismissed or expunged may still impact your renewal because USCIS reviews the underlying conduct, not just the final outcome.

2. Certain Crimes Make You Ineligible for DACA Renewal

Under current guidelines, you may be ineligible for DACA renewal if you have:

Examples of “significant misdemeanors” include:

Even if a case seems minor, USCIS has broad discretion to deny a renewal.

3. USCIS Will Not Approve a DACA Renewal If You Have a Pending Criminal Case

This is one of the most important and often misunderstood rules.

If you have a pending criminal charge, USCIS will not approve your DACA renewal until the case is fully resolved.

This includes:

Even if you were not convicted, a pending case can still block your renewal.

4. Why Deferred Adjudication or Pretrial Diversion Can Still Cause Problems

Many people believe that accepting deferred adjudication or pretrial diversion is “safe” because it avoids a conviction. Unfortunately, for immigration purposes, that is not always true.

USCIS may treat these outcomes as admissions of guilt or as evidence that you committed the offense, especially in DACA cases, which are discretionary.

This means:

This is why it is critical to get immigration advice before accepting any plea deal.

5. Speak With an Immigration Attorney Before Making Any Decisions in Your Criminal Case

Your criminal attorney focuses on criminal law, and not immigration law. But for DACA recipients, every criminal decision has immigration consequences.

An experienced immigration attorney can:

This teamwork is essential to avoid unintended consequences that could cost you your status and your work authorization.

6. What Should You Do If You Have a Criminal Charge and Need to Renew DACA?

Here are general steps many DACA recipients follow:

Filing without legal review can lead to denial, or even worse, referral to enforcement.

Need Help Renewing Your DACA After a Criminal Charge? We Can Help.

If you have been arrested, charged, or cited for any offense, do not file a DACA renewal without speaking to an immigration attorney first. The wrong decision in your criminal case can permanently affect your ability to renew DACA.

Our office works closely with criminal defense attorneys to protect your immigration status and help you make informed decisions.

For more information on renewing DACA with a criminal charge, a consultation is your next best step. Get the information and legal answers you need by calling (281) 777‑1236 today.

Common Questions We Can Help You With

Call For A Free Consultation*
(281) 777-1236

Home » Can I Renew My DACA if I Have Been Charged With a Crime?