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DACA Expired? What to Do While Renewal Is Pending

If your DACA expires before renewal is approved, you cannot work based on DACA until your new EAD arrives, regardless of your age at filing; the gap counts as unlawful presence unless you filed before turning 18. [USCIS Q55] You may still ask to renew within 1 year after expiration. [USCIS Q53] Pause travel plans and read USCIS’s warnings about leaving the United States and returning. [USCIS Q61]

What you can do now

  1. If your renewal has been pending more than 105 days, use the USCIS online inquiry option. [USCIS Q52]

    Open USCIS e-Request
  2. Job loss may count as severe financial loss for an expedite request, depending on your circumstances; needing a work permit alone is not enough. [USCIS]

    Read USCIS expedite criteria
  3. Pause travel plans and review the USCIS travel warnings before leaving the United States. [USCIS Q61]

    Read the travel section
  4. Use the approval estimator for a rough timing reference.

    Open the approval estimator
  5. Find legal help for your circumstances.

    Find a nonprofit legal services provider

Work and unlawful presence

If your DACA expires while renewal is pending, you cannot keep working based on DACA, regardless of your age when you filed, until you receive a new EAD (work permit) from USCIS.

USCIS FAQ Q55

If your DACA expires before USCIS renews it, the gap counts as unlawful presence. The exception is if you were under 18 when you submitted the renewal request.

USCIS FAQ Q55

Renewing after expiration

You may still ask to renew if you file within 1 year after your most recent DACA period expires. If you file more than 1 year after expiration, USCIS says you need to file a new initial request.

USCIS FAQ Q53

USCIS accepts first-time (initial) DACA requests but does not process them under the court order described in its FAQ.

USCIS FAQ

Automatic EAD extensions

DACA work permits are not on USCIS’s list for an automatic extension while a renewal is pending. The category code is C33, and the cited list is on an archived USCIS page.

USCIS

The archived page’s alert describes an interim final rule effective October 30, 2025, ending automatic extensions for EAD renewals filed on or after that date in the affected categories. Exceptions include extensions provided by law or by Federal Register notices for TPS-related employment documentation.

USCIS

Travel

USCIS says you are no longer in a period of deferred action when you leave the United States.

USCIS FAQ Q61

USCIS warns that DACA recipients who leave without first obtaining an advance parole document run a significant risk of being unable to reenter the United States.

USCIS FAQ Q61

If DACA has expired when USCIS decides on Form I-131 and there is no pending DACA renewal request, USCIS says it will deny Form I-131.

USCIS FAQ Q60

Case inquiries and expedite requests

USCIS states a goal of processing DACA renewal requests within 120 days; this is a goal, not a promise for an individual request.

USCIS FAQ Q52

USCIS says you may submit an online status inquiry after a DACA renewal request has been pending for more than 105 days.

USCIS FAQ Q52

USCIS says losing your job may count as severe financial loss, depending on individual circumstances.

USCIS

Needing employment authorization alone, without evidence of other compelling factors, does not warrant expedited treatment according to USCIS.

USCIS

Community snapshot

The daca-tracker snapshot displayed 510 cases approved after their card expired and 157 approved before expiration.

daca-tracker

These are self-reported data from daca-tracker, checked on October 15, 2026. They do not represent USCIS and cannot establish an individual probability.

Tools and next steps

Sources