What to Do When DACA Expires

DACA (Deferred Action for Childhood Arrivals) gives eligible people brought to the US as children protection from removal and work authorization in renewable two-year periods. Keeping it active requires timely renewals.

Where DACA stands

USCIS continues to accept and process renewal requests, and current grants and work permits remain valid until they expire unless individually terminated. USCIS continues to accept initial DACA requests but does not process them, because of litigation in which a federal court in Texas found the DACA rule unlawful (USCIS). The litigation has continued in the courts, including limits affecting work authorization for recipients in Texas (CRS, NILC). Check USCIS and legal updates for the latest.

When to renew

USCIS recommends filing renewals between 120 and 150 days before your current DACA expires (USCIS). Filing earlier than 150 days may lead to rejection or an overlapping grant; filing later risks a gap.

What you file

• Form I-821D (DACA renewal)
• Form I-765 (work permit) with Form I-765WS worksheet
• Fees: I-821D is $85, and the I-765 work permit fee also applies (USCIS G-1055). Check current fees before filing.

If your DACA has already expired

• Expired less than one year ago: you can generally still file as a renewal.
• Expired more than one year ago, or terminated: you must file as an initial request, which USCIS currently accepts but does not process.

What happens during a lapse

You are not authorized to work, and employers must reverify. Unlawful presence may begin to accrue for people 18 and older, which can affect future immigration options. Driver's licenses in some states depend on valid status.

Travel

Do not travel abroad without approved advance parole, and get legal advice before any trip.

Long-term options to explore

DACA is not a path to a green card by itself, but some recipients qualify for other options:

• Marriage to a US citizen, especially for those who were admitted or paroled into the US
• Employer sponsorship
• U or T visas for crime or trafficking victims

See family-based petitions. An immigration lawyer can screen you for other options.

Sources

1. USCIS: Consideration of Deferred Action for Childhood Arrivals (DACA)
2. Congressional Research Service: DACA litigation status update
3. National Immigration Law Center: Latest DACA developments
4. USCIS: Form G-1055, Fee schedule