DACA Expired – Consequences and What to Do Next

The Deferred Action for Childhood Arrivals (DACA) policy was created by the administration under President Obama. The program does not grant children citizenship or a pathway to legal status. However, it does allow you to apply for a driver’s license, Social Security number, and work permit within the United States.

In order to apply for DACA, you must complete various forms and submit them along with payment to USCIS. From there, you are able to schedule a biometrics appointment to move along with your application. When approved, you will find an expiration date for your document.

It’s imperative that you take the necessary steps to ensure your document doesn’t expire without taking action. This article will greatly assist you with more information about your DACA status and expiration date questions.

What Happens When My DACA Status Expires?

It’s recommended that you should apply for your DACA extension 120 to 150 days before the date is up. This way, you won’t face serious consequences if your DACA expires. When this does happen, there are a few things this means:

  • You will be out of legal status to continue residing in the U.S.
  • You are unable to continue working legally

Consequences of Expired DACA Status

As listed above, a few consequences of an expired DACA status exist. Most importantly, your work permit will also expire and be invalid. Therefore, you will be working illegally in the U.S. if you don’t attempt to renew your DACA. Working with an expired DACA is not recommended.

When your work permit expires, you should seek legal assistance in order to continue working legally and living in the United States.

What to Do if DACA Is Expired

When your DACA expires, you must either renew it by using various DACA renewal forms or leave the county. However, renewing your DACA will be considered a new request. You must then go through the same process you went through to get your original DACA. The steps to renew your DACA are as follows:

  1. Locate your previous DACA applications: The applications you should locate could be a previous renewal application or your original application. With these sheets, you can make sure all information you have previously submitted is consistent with your new renewal application.
  2. Create your cover letter: A cover letter is mandated for all applications. Your USCIS officer will review the application and look at your cover letter to better understand why you wish to have your DACA renewed.
  3. Obtain and fill out all other applications required: These forms required are your renewal form, cover letter, Form G-1145, Form I-821D, Form I-765, Form I-765WS, and any copies of supporting evidence that is required in your DACA application.
  4. Pay your renewal fees: The fee for your renewal application is $495, which will be paid to the USCIS. Once you have submitted all your forms to USCIS, you can pay the application fee and begin tracking your application status.
  5. Tracking application status: Currently, there is a backlog of applications, and tracking your application status is important. On the tracking system, you will receive a receipt confirmation within one to four weeks of submitting the total application.
  6. Scheduling and attending a biometrics appointment: You will need to complete a biometrics appointment in order to successfully complete your application renewal process.
  7. Receive your answer: It’s important that you keep an eye out for any request for evidence (RFE) slips you receive while waiting for your answer. If you get this request, submit the necessary documentation and continue waiting for your renewal’s outcome.

Apply for DACA Renewal if Expired Less Than One Year Ago

You can still submit your renewal application if your DACA expired less than a year ago. The steps will be the same steps needed to apply for an original DACA but will be processed similarly to a renewal request process.

Apply for an Initial DACA Request if Expired for More Than One Year

When you renew your DACA after its expiration date reaches over a year, you can still submit an initial DACA application. However, this is only a new rule under the Biden administration because there is such a backlog and delay in application processing.

Currently, even if your DACA is over a year late, you can still apply for renewal in the same process as listed above.

Get Started on Renewing Your DACA Today!

It is important to be aware of the deadline for renewal of your DACA status. Failure to renew in a timely manner could have serious consequences for your employment authorization, protection from deportation, and time in an unlawful presence. Accumulated time in an unlawful presence could negatively affect your chances at permanent residence in the future.

Luckily, ImmigrationDirect can be of great assistance when it comes to renewing your DACA. With our state-of-the-art immigration paperwork solutions, we make immigration documentation easy. Contact us today if you wish to get started on DACA renewal.

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