What happens if your DACA expires?
If your DACA expires before a renewal is granted, two things change right away: you are not authorized to work until a new work permit is issued, and you may accrue unlawful presence. How long it has been since it expired decides what you can file.
Checked against USCIS guidance on September 22, 2026. The sources are listed at the end of this page.
5 steps · Checklist
If your DACA has expired
The full list is at the end of the article.
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Expired less than a year ago
USCIS says that if you file within 1 year of your most recent DACA expiring, you may submit a renewal request, using the same Forms I-821D, I-765 and I-765WS. File as soon as you can: the gap lasts until the renewal and a new work permit are granted.
Expired more than a year ago, or terminated
If more than a year has passed, or your most recent DACA was terminated at any time, USCIS says you may still request DACA by submitting a new initial request. Under the current court order, USCIS is accepting but not processing initial requests. That is a situation to take to an immigration attorney or a DOJ-accredited representative.
Work and unlawful presence during a gap
- Work: USCIS says that if your previous DACA expires before renewal, you are not authorized to work, at any age, until and unless you receive a new work permit.
- Unlawful presence: you accrue it for time between periods of deferred action, unless you were under 18 when you submitted the renewal request.
5 steps · Checklist
If your DACA has expired
Work out how long ago it expired
Within 1 year: file a renewal as soon as you can
Stop working until a new work permit is issued
More than 1 year, or terminated: talk to an attorney or accredited representative
Check the USCIS DACA page for current court updates
Free, and yours to edit — tick items off on the web or in the MyCheck app.
Frequently asked questions
What happens if my DACA expires before my renewal is approved?
You are not authorized to work until a new work permit is issued, and you may accrue unlawful presence for the time between periods of deferred action, unless you were under 18 when you filed the renewal.
Can I renew DACA after it expired?
Yes, within 1 year of expiring you can still file a renewal. After more than a year, USCIS treats it as a new initial request, which USCIS is accepting but not processing at this time.
Can I work with an expired DACA work permit?
Not once it has expired. USCIS says you aren’t authorized to work until you receive a new work permit, whatever your age.
What if my DACA was terminated?
USCIS says that after a termination you would need to submit a new initial request, which is not being processed at this time. Talk to an immigration attorney or accredited representative.
More DACA renewal guides
Sources
General information from USCIS guidance, not legal advice. MyCheck is not affiliated with USCIS or any government agency and doesn’t file forms. DACA is subject to ongoing litigation: check the USCIS DACA page before you file, and talk to an immigration attorney or DOJ-accredited representative about your situation.
