The Deferred Action for Childhood Arrivals (DACA) program has provided thousands of young immigrants the opportunity to live and work legally in the United States. However, maintaining this status requires careful attention to detail, particularly when it comes to renewal. What happens if your DACA status expires? What are the consequences, and what can you do to maintain your status? This article answers these questions and provides a clear guide to navigating the process.

Consequences of DACA Status Expiration

If your DACA status expires, you could face serious issues:

Loss of Deportation Protection
DACA protects you from deportation by granting deferred action status. If it expires, this protection is lost, leaving you as risk of deportation proceedings at any time. This is especially critical for those living in states with strict immigration policies.

Revocation of Work Authorization
Losing your Employment Authorization Document (EAD) means you can no longer legally work in the United States. This could lead to losing your job immediately and difficulty finding a new job, directly impacting your finances.

Impact on Additional Benefits
Driver’s licenses, access to certain educational programs, and other privileges tied to DACA status often depend on the expiration date. Once expired, these benefits may also be lost.

When Should You Renew Your DACA Status?

The U.S. Citizenship and Immigration Services (USCIS) recommends submitting your DACA renewal application between 120 to 150 days (4 to 5 months) before your current expiration date. This time frame should allow USCIS to process your application without interruptions to your protection and work authorization.

Steps to Renew Your DACA Status

To ensure a successful renewal of your DACA status, follow these steps:

Gather the Necessary Documentation

Ensure you have all the documents that support your continued eligibility, including proof of continuous residence in the United States, educational or military history, and any changes in your situation since the last approval. Here are some examples of changes you must report:

• Change of Address: You must report any move to USCIS within 10 days using Form AR-11 or through your online account.

• New Arrests or Criminal Charges: Even if you weren’t convicted or the charges were dismissed, you must report them. This includes misdemeanors (like driving without a license) and any encounters with law enforcement.
  
• Travel Outside the Country: If you left the U.S., whether with advance parole or without authorization, this must be reported. Unauthorized departures could affect your eligibility.
  
• Legal Name Change: If you changed your name due to marriage, divorce, or a legal decision, you must reflect this in your application and provide supporting documents.
  
• Marital Status: Changes such as marriage, divorce, or the birth of children should be reported. While these might not directly affect your DACA eligibility, they are relevant for other immigration benefits.

Complete the Required Forms

You must complete and submit the following forms:

• Form I-821D (Consideration of Deferred Action for Childhood Arrivals): This is the main application form to renew your DACA status. You will provide personal information, background details, and proof that you continue to meet the program’s requirements.
  
• Form I-765 (Application for Employment Authorization): This document is essential to obtain your new work permit. It must be submitted alongside Form I-821D for USCIS to evaluate your eligibility to continue working legally in the U.S.
  
• Form I-765WS: This is a worksheet that complements your application for work authorization. You must explain how your income will help cover essential expenses including housing, food, and education.

Pay the Required Fees

The DACA renewal process includes mandatory fees for certainforms. 

• Form I-821D: A fixed fee of $85, which covers biometric data processing (fingerprints, photo, and signature).
  
• Form I-765: The fee depends on your chosen submission method:
  • Printed submission: $520.
  • Online submission: $470.

The total cost of the process varies depending on the submission method for Form I-765:

• Printed renewal: $605 ($85 for Form I-821D + $520 for Form I-765).
• Online renewal: $555 ($85 for Form I-821D + $470 for Form I-765).

It is important to note that no fee waivers are available for DACA applications. Therefore, you must pay the fees in full when submitting your application.

Submit Your Application

Send your complete application package to USCIS within the recommended 150- to 120-day window before your current status expires.

What to Do If Your DACA Has Already Expired

If Your DACA Expired Less Than a Year Ago

If your status expired within the past 12 months, you can still submit a renewal application. This process will allow you to restore both your deportation protection and your legal work authorization. However, there are key considerations:

You may lose access to certain benefits while USCIS processes your application. For example, during this period, you may not be able to work legally, which can impact your income. To minimize this uncertainty, it is crucial to initiate the renewal process as soon as possible.

Ensure your renewal application is complete and submitted correctly. This includes updating all required documentation, paying the fees, and verifying that the forms are filled out accurately to avoid delays. While it is possible to apply on your own, seeking guidance from an immigration attorney or a qualified advisor can help reduce errors and improve your chances of approval.

If Your DACA Expired More Than a Year Ago

if your DACA status expired over a year ago, you can’t submit a renewal application. Instead, you’ll need to file a new initial application. However, due to ongoing federal litigation, USCIS isn’t processing new initial DACA applications in most cases.

Why Aren’t New Applications Being Processed?

The primary reason stems from the “State of Texas v. United States” case. In this ruling, a federal court determined that the original DACA program exceeded the government’s legal authority.

As a result, the judge limited USCIS to processing only DACA renewals for individuals who had previously been approved. This means new initial applications remain on file but won’t be reviewed or advanced. Currently, there are no active exceptions that permit the processing of these initial applications.

General Actions You Can Take

No matter how long it has been since your DACA expired, there are steps you can take to be proactive and protect your situation and plan your next moves.

First, avoid any legal issues that could draw attention from immigration authorities. This means maintaining a low profile, following local laws, and ensuring that all personal documentation, such as identification and residency records, is up to date. Additionally, it’s highly recommended to keep a secure printed or digital copy of certain key documents readily accessible. These include:

• Your most recent DACA approval notice.
• Your Alien Registration Number (A-number).
• Your official photo identification.
• Proof of current residence (like a utility bill or rental agreement).
• The contact information for your attorney or trusted advisor, in case of an emergency.

Second, seek professional advice. Consulting an immigration specialist can make a significant difference in your case, as these experts can evaluate your legal options and help identify alternatives, especially if DACA renewal is not currently possible for you.

Finally, consider getting involved with support organizations. Various nonprofits offer resources, free or low-cost legal assistance, and services specifically for DACA recipients. These organizations not only guide you through the process but also stay informed about legal and regulatory changes that could affect your case, providing you with reliable and updated information.

Importance of Renewing on Time

Renewing your DACA status within the recommended period is crucial to avoid lapses in your protection and work authorization. Submitting your application too early (before 150 days) may result in your case being rejected. On the other hand, applying after 120 days increases the risk that USCIS may not process your renewal before your current status expires, potentially leading to interruptions in employment and other benefits.

Acting on time and staying informed is the key to managing your DACA status. Although it can be complicated, being proactive and seeking professional support can help you navigate the situation effectively and protect your future.

At Alvva, we understand the importance of keeping your DACA status active. Our team of experts will guide you through every step of the process, ensuring you meet all requirements and deadlines. Whether you need to renew or are interested in options for permanent residency, schedule a consultation with us today. We are here to support you with professional and transparent service. Additionally, if you wish to initiate your Green Card process, we’re here to assist you. Our team will provide personalized guidance so you can meet all the requirements and move forward confidently toward permanent residency. Contact us today.