Back to DACA & TPS

What temporary status are you currently in?

Your current status determines which renewal window applies, which forms are filed, and — critically — what *parallel* relief you may already qualify for and not know it. DACA renewals run in roughly 5-month cycles; TPS designations are country-specific and republished every 6–18 months in the *Federal Register*. Late filers face automatic gaps in work authorization and accrual of unlawful presence under INA § 212(a)(9)(B).

Context & Examples

Real example — Brenda, Stockton. Brenda came in for a TPS Honduras renewal one week before her work permit expired. We screened her status and discovered her U.S. citizen mother had filed an I-130 for her in 2019 that was still active. We pulled the receipt notice, confirmed her priority date was current, and filed I-485 alongside the TPS renewal under the Sanchez v. Mayorkas (2021) framework using a parole-in-place pathway. She is now an LPR — not a TPS holder.

Why this matters: Most paralegals process the renewal you walked in for. They do not screen for the green-card case sitting underneath it. We have caught LPR petitions, U-visa eligibility, and VAWA claims hiding behind "routine" DACA renewals more times than we can count.

Without counsel: A renewal is filed, the status quo is preserved, and the underlying pathway expires when a parent dies, a child turns 21, or a country redesignation lapses.

Sources

Legal Citations

INA § 244 (TPS)8 CFR § 274a.12(c)(14) (DACA EAD)