DACA (Deferred Action for Childhood Arrivals) is generally valid for a period of two years. Individual grants of DACA and related Employment Authorization Documents (EADs) remain valid for this duration until they expire, unless they are individually terminated.
Understanding DACA Validity Periods
Deferred Action for Childhood Arrivals (DACA) offers temporary protection from deportation and provides work authorization to eligible individuals who arrived in the U.S. as children. Understanding the validity period of DACA and associated EADs is crucial for recipients to maintain their protected status and employment eligibility.
Standard Validity Period
Under current policy, both initial DACA grants and subsequent renewals are typically issued for a two-year period. This means that once approved, your DACA status and Employment Authorization Document will have an expiration date approximately two years from the approval date.
Differentiating Expiration and Termination
It's important for DACA recipients to understand the difference between their status expiring and being terminated:
- Expiration: This occurs naturally at the end of the two-year validity period. To maintain continuous DACA protection and work authorization, recipients must submit a renewal application before their current period expires.
- Individual Termination: USCIS has the authority to terminate an individual's DACA status and EAD before the two-year period is over. This can happen if the recipient no longer meets the eligibility criteria, commits certain crimes, or for other specific reasons outlined in DACA policy. Current grants of DACA remain valid until they expire, "unless individually terminated."
Importance of Timely Renewal
To prevent any lapse in protection or work authorization, DACA recipients are strongly advised to apply for renewal well in advance of their current DACA and EAD expiration dates.
- Recommended Filing Window: USCIS generally recommends filing a DACA renewal application between 120 to 150 days before the current DACA and EAD expire.
- Consequences of Lapses: Allowing DACA to expire without timely renewal can lead to a period where an individual is without protection from deportation and without work authorization, potentially affecting their employment and ability to remain in the U.S. legally.
Overview of DACA Status Validity
The table below summarizes the typical validity scenarios for DACA:
| Status Type | Standard Validity Period | Key Considerations |
|---|---|---|
| Initial DACA Grant | Two Years | First-time approval of DACA and EAD. Subject to policy and court decisions. |
| DACA Renewal | Two Years | Subsequent approvals to extend DACA and EAD validity. Requires timely application. |
| Expiration | Ends validity | DACA and EAD officially cease being valid on the specified date. |
| Individual Termination | Varies (Can be immediate) | DACA and EAD are revoked before the expiration date due to specific reasons. |
Staying Informed
Given the dynamic nature of immigration policies and ongoing legal challenges concerning DACA, it is essential for recipients to stay informed. Always refer to official government sources, such as the U.S. Citizenship and Immigration Services (USCIS) website, for the most accurate and up-to-date information regarding DACA policy, eligibility, and application procedures.
