If DACA Expired, Can I File Extension or Is It Treated as an Initial Request?

By Richard T. Herman, Esq., Founder, Herman Legal Group
Updated October 2025

At a Glance

• If your DACA expired less than one year ago, you can still file a renewal.
• If your DACA expired more than one year ago, or was terminated, USCIS treats it as a new (initial) request.
• New initial DACA requests are being accepted but not approved as of 2025 due to a federal court injunction.
• Timely renewals preserve work authorization and protection from deportation.
• Cleveland and Columbus residents can contact the Herman Legal Group for individualized legal help.

Understanding DACA and Renewal in 2025

Overview of the DACA Program

Deferred Action for Childhood Arrivals (DACA) is a policy established in 2012 that provides certain undocumented immigrants who came to the United States as children with protection from deportation and the ability to apply for work authorization.

As of October 2025, DACA renewals continue to be accepted and processed by U.S. Citizenship and Immigration Services (USCIS), but the approval of new, initial DACA applications remains suspended due to ongoing litigation in Texas v. United States.

Fast Fact:

USCIS continues to process renewals, but cannot approve initial requests. The renewal pathway is the only operational lifeline for DACA recipients in 2025.

Renewal vs. Initial Request: Understanding the Difference

A renewal application must be submitted before your status expired more than one year ago to be considered a renewal filing.

Key Insight:

The distinction between “renewal” and “initial request” determines whether USCIS can process your application at all.

Can You Still File a Renewal if Your DACA Expired Last Year?

USCIS Policy on Expired DACA (2025)

According to current USCIS guidance, a person may file a renewal request if their previous DACA expired less than 12 months ago. If the expiration occurred more than 12 months ago, or if the grant was terminated, any new filing will be considered an initial request. USCIS’s goal is to process renewal requests within 120 days.

In 2025, only renewal requests can be approved. Initial requests are accepted but remain unprocessed while the injunction is in place.

Important Note:

Even if your prior DACA approval was valid for years, once it has been expired for over one year, the system treats you as a new applicant.

Comparing Scenarios: Less Than One Year vs. More Than One Year

The status of your last DACA grant and your previous renewal filing will determine whether your application is processed as a renewal or as an initial request. Be sure to review your previous renewal filing and the expiration date of your last DACA grant before submitting your application.

Expert Tip:

Even one day can make the difference between renewal and initial status. If your DACA expired on October 29, 2024, file your renewal before October 28, 2025 to remain eligible.

What Counts as “Expired”?

Your DACA is officially expired on the date listed on your approval notice (Form I-797) and employment authorization card (EAD). There is no grace period. If you file after that date, you are considered out of status and have lost your immigration status until USCIS receives your new renewal package.

Need to Know:

You do not lose eligibility simply because your EAD expired, but the longer you wait beyond the one-year mark, the greater the risk of being treated as a new applicant.

If It Is Treated as an Initial Request

Why Initial Requests Are Not Currently Approved

The Texas v. United States decision prevents DHS and USCIS from granting new initial DACA applications. USCIS may still accept filings and collect fees, but cannot adjudicate or issue approvals. These applications are placed in pending status indefinitely. The Fifth Circuit’s ruling reflects an ongoing judicial stay, allowing existing DACA protections to remain in place while the case continues through the courts.

At a Glance:

If your DACA expired more than one year ago, filing today will not restore your work authorization or deferred status.

Consequences of Letting DACA Expire

Failing to renew your DACA on time has immediate and long-term consequences, including:

1. Loss of lawful presence and protection from deportation.
2. Automatic expiration of your Employment Authorization Document (EAD).
3. Termination of your eligibility for driver’s licenses and certain state benefits.
4. If your DACA expires and your status expired, you lose eligibility for certain benefits and protections tied to your immigration status, and may not be able to renew if your status expired more than one year ago.
5. Employer compliance issues leading to job termination.
6. Exposure to immigration enforcement actions.

Key Insight:

A lapse of even several months can disrupt your ability to live and work safely in the United States.

Practical Steps to Take Now

Renewal Timeline and Filing Strategy

• 150–120 days before expiration: Request renewal and complete your DACA renewal filing within this recommended window to maintain continuous protection and avoid gaps in work authorization. Timely renewal filing is essential.
• Within 0–60 days after expiration: Renewal filing is still possible, but expect temporary employment disruption.
• Within 12 months after expiration: You are still eligible for renewal filing, though processing times may vary.
• After 12 months: Treated as an initial request, which cannot be approved under current law.

Essential Information:

USCIS strongly recommends filing renewals no later than one year after expiration. Filing early demonstrates continued compliance and minimizes employment risk.

Documents to Gather for a Renewal

Prepare and submit the following items:

• Copies of your previous DACA approval notice and EAD card.
• Copies of any advance parole document previously issued.
• A copy of your previous renewal filing, if available, to ensure consistency in your application.
• Completed Forms I-821D, I-765, and I-765WS.
• Payment of $495 filing fee.
• Two passport-style photos.
• Proof of continuous residence and absence of disqualifying offenses.
• Evidence of ongoing education, employment, or community ties.
• Supporting documentation as required for your specific situation.
• Biometric background checks are required before USCIS processes DACA renewal applications.

Fast Fact:

Missing or incomplete documentation is one of the most common reasons DACA renewals are delayed or denied.

Options If You Missed the Renewal Window

If your DACA expired more than one year ago, an immigration attorney can evaluate other forms of relief such as other immigration benefits, and help you determine if you may be eligible to obtain DACA in the future. An attorney can also assess your eligibility for:

• Family-based petitions if you are married to or the child of a U.S. citizen or permanent resident.
• Temporary Protected Status** (TPS)** if you are from a designated country.
• U or T Visas for victims of certain crimes or trafficking.
• VAWA self-petition for survivors of domestic violence.
• Cancellation of removal if you have been in the United States for over ten years and meet other criteria.

If you become eligible under future policy changes, you may need to request DACA again to maintain or regain your deferred action and work authorization.

Key Insight:

Experienced attorneys can identify relief pathways that preserve work authorization while DACA remains in legal uncertainty.

When and Why to Seek Legal Assistance

If your DACA has expired or you are unsure of your eligibility, seek immediate legal guidance. Lawsuits, administrative delays, and state-level enforcement changes have created uncertainty for Dreamers across the country.

Residents of Cleveland, Columbus, and throughout Ohio can schedule a consultation with the Herman Legal Group to review their status and filing strategy.

Practice Pointer:

DACA renewal timing is critical. An attorney can file quickly and correctly to prevent your case from being misclassified as an initial request.

Law Firms Experienced in DACA and Immigrant Relief

Key Insight:

Choose a law firm that focuses exclusively on immigration law and has experience handling DACA-related filings.

Common Questions About Late DACA Renewal

1. What if my DACA expired two years ago?USCIS will treat it as an initial request, which cannot currently be approved. If you are not a current DACA recipient or your status expired more than a year ago, you may submit it for record purposes but will not regain protection until the courts lift the injunction. Current DACA recipients and those whose status recently expired should act quickly to avoid losing eligibility.

2. Can I still work if my DACA has expired?No. Once your EAD expires, your employer must terminate your work authorization under federal I-9 rules. DACA and employment authorization are directly linked, so renewing your DACA on time is essential to maintain your eligibility to work legally in the U.S.

3. What happens to my Social Security number after expiration?You can retain your number but cannot use it for employment or federal benefits without a valid EAD.

4. Should I file even if my case will be treated as an initial request?Speak with a qualified attorney. Depending on the outcome of litigation, early filing could secure a place in the queue once approvals resume. Current DACA recipients should prioritize renewing DACA to avoid gaps in protection.

5. Can I travel with Advance Parole if my DACA expired?No. Only a current DACA recipient may submit advance parole requests or emergency advance parole applications. Traveling without valid permission may trigger inadmissibility bars. Advance parole allows DACA recipients to travel outside of the United States for specific reasons, such as educational, employment, or humanitarian purposes. Emergency advance parole may be available for urgent or unforeseen travel needs, but you must have active DACA status to apply.

Policy Context: The Legal Landscape in 2025

The Biden Administration’s Department of Homeland Security reaffirmed support for DACA through a final rule published in 2022, codifying the program into federal regulation. However, ongoing court rulings have limited its implementation. The DACA rule and DACA regulations have been the subject of ongoing litigation and court review, creating uncertainty for applicants and recipients.

The Fifth Circuit Court of Appeals upheld the district court’s injunction, maintaining the freeze on initial requests. USCIS continues to process DACA renewal requests and renew existing cases under this order for eligible recipients. The Department of Justice has appealed portions of the ruling, but as of October 2025, no change has occurred.

Important Note:

Renewal approvals remain valid for two years, and DHS continues to issue Employment Authorization Documents (EADs) for eligible renewals.

What This Means for Dreamers in Ohio and Nationwide

For Dreamers in Ohio cities such as Cleveland, Columbus, and Cincinnati, the current environment highlights the importance of legal strategy and early renewal. Maintaining your immigration status through timely DACA grant renewals is essential for continued protection, as lapses can impact your work authorization and lawful presence.

The Herman Legal Group’s attorneys have assisted hundreds of DACA recipients since 2012 and continue to represent individuals nationwide seeking stability amid changing policies. Each period of DACA granted helps preserve your eligibility for future benefits and ensures you remain protected under current immigration laws.

Key Insight:

Each renewal protects more than a work permit—it preserves community ties, family stability, and safety from deportation.

How to File a DACA Renewal in 2025

1. Download Forms: Get the latest versions of Forms I-821D, I-765, and I-765WS from the USCIS DACA page. When you download and complete these forms, you are preparing your DACA renewal application and renewal application. Prepare Evidence: Include copies of your previous DACA approval, EAD, and identity documents.
2. Pay Fees: Submit the $495 filing fees using an acceptable payment method. The filing fees must be included with your request renewal. USCIS will only accept credit card or ACH payments for DACA renewals beginning October 28, 2025.
3. Mail to Correct Address: Verify the latest USCIS filing address for your state.
4. Track Your Case: Use the USCIS case status tool to confirm receipt and monitor progress.

USCIS will process DACA renewal requests in the order received.

5. Renew Work Authorization: Once approved, update your employer and driver’s license records.

Expert Tip:

Always send applications using trackable delivery. Keep copies of your submission and proof of mailing.

After USCIS Makes a Decision

What to Expect After Submitting Your Renewal or Initial Request

Once you submit your DACA renewal request or initial DACA request, the waiting period begins. For most DACA recipients, this can be an anxious time, but knowing what to expect can help you stay prepared. After your application is received, USCIS will send a receipt notice confirming they have your DACA request. You can use the receipt number to track your case status online through the USCIS website or by contacting the USCIS contact center.

If your DACA renewal is approved, you will receive a new Employment Authorization Document (EAD) in the mail. This card is your proof of work authorization and deferred action status. It’s important to carefully review your receipt notice and EAD for any errors, such as incorrect names or expiration dates, and notify USCIS immediately if you spot a mistake.

For those submitting an initial DACA request, keep in mind that, as of 2025, USCIS is accepting but not processing these applications due to ongoing court orders. You will still receive a receipt notice, but your request will remain pending until further legal developments.

Throughout the process, DACA recipients should keep copies of all correspondence, including the receipt notice and any updates from USCIS. Staying organized will help you respond quickly if additional information is requested.

Possible Outcomes and Next Steps

After submitting your DACA renewal request or initial DACA request, there are several possible outcomes to be aware of. If your renewal request is approved, you will receive a new EAD with an updated expiration date, allowing you to continue working and living in the United States without interruption. It’s crucial to apply for renewal before your current expiration date to avoid any gaps in employment authorization or deferred action status.

If your DACA renewal request is denied, you may have options to appeal the decision or reapply, depending on the reason for denial. Sometimes, USCIS may issue a request for additional supporting documentation or schedule an interview to clarify information in your application. Responding promptly and thoroughly to these requests is essential to avoid delays or a possible denial.

For DACA recipients with a recent criminal history or who have recently interacted with law enforcement, it is especially important to consult with an immigration attorney or DOJ accredited representative prior to submitting a renewal request. A legal representative can help you understand your eligibility, gather the necessary supporting documentation, and ensure your application is as strong as possible.

If your DACA status has expired or recently expired, you can still submit a renewal request, but it’s important to act quickly. USCIS processes DACA renewal requests in the order they are received, and processing times can vary. Delaying your renewal increases the risk of losing employment authorization and protection from removal proceedings.

In all cases, working with a qualified legal representative or DOJ accredited representative can help you navigate the process, minimize the risk of errors, and ensure you are prepared for any outcome. By staying proactive and informed, DACA recipients can protect their status and continue to build their lives in the United States.

Future Outlook for DACA Recipients

As of late 2025, legislative proposals such as the Dream and Promise Act remain stalled in Congress. Federal courts are expected to revisit the legality of the DACA regulation in early 2026.

DACA recipients should closely monitor policy changes and be prepared to request renewal or request DACA as soon as eligibility windows open to avoid lapses in protection. While uncertainty continues, maintaining renewal eligibility is critical. Late or missed renewals could leave recipients unprotected for years if approvals remain frozen.

Practice Pointer:

A timely renewal today could secure your protection for two more years even if new restrictions arise in 2026.

Key Takeaways

• DACA renewals remain open and processed in 2025.
• If your DACA expired less than one year ago, you can still renew.
• If expired more than one year ago, USCIS will classify it as an initial request, which cannot be approved at this time.
• Renew early—ideally 120–150 days before expiration.
• Once expired, you lose protection from deportation and employment authorization.
• Gather evidence of continued residence and good moral character for every renewal.
• Consult an immigration attorney promptly if you have missed your renewal deadline.
• Cleveland and Columbus Dreamers should contact the Herman Legal Group for legal review.
• Stay informed about litigation developments in Texas v. United States.
• Keep digital copies of all filings and correspondence with USCIS.

© 2025 Richard T. Herman, Esq. | Herman Legal Group – The Law Firm for Immigrants
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