Guides
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
If your renewal has been pending more than 105 days, use the USCIS online inquiry option. [USCIS Q52]
Open USCIS e-RequestJob 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 criteriaPause travel plans and review the USCIS travel warnings before leaving the United States. [USCIS Q61]
Read the travel sectionUse the approval estimator for a rough timing reference.
Open the approval estimatorFind legal help for your circumstances.
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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.
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.
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 accepts first-time (initial) DACA requests but does not process them under the court order described in its 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.
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.
Travel
USCIS says you are no longer in a period of deferred action when you leave the United States.
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.
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.
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 says you may submit an online status inquiry after a DACA renewal request has been pending for more than 105 days.
USCIS says losing your job may count as severe financial loss, depending on individual circumstances.
Needing employment authorization alone, without evidence of other compelling factors, does not warrant expedited treatment according to USCIS.
Community snapshot
The daca-tracker snapshot displayed 510 cases approved after their card expired and 157 approved before expiration.
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
- USCIS DACA FAQ
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- USCIS Automatic EAD Extension
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Archived source. The alert and category table are identified separately above.
- USCIS Expedite Requests
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- daca-tracker
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