DACA Requests (Form I-821D)

General Guidelines for DACA

Deferred Action for Childhood Arrivals defers removal action for a set period for certain people who came to the U.S. as children. Requests use Form I-821D with Form I-765 and Form I-765WS. USCIS may grant DACA only if each threshold guideline is met and a favorable exercise of discretion is warranted.

Under current court orders, USCIS will continue to accept initial requests but will not process initial DACA requests at this time. USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization. Current grants of DACA and related EADs remain valid until they expire, unless individually terminated.

Clients This Case Type Helps

• Current DACA recipients due for renewal
• Recipients who need a renewed work permit
• People who came to the U.S. before their 16th birthday
• Students, high school graduates and GED holders
• Honorably discharged Coast Guard or U.S. armed forces veterans

General Qualifications

• Under 31 as of June 15, 2012 (born on or after June 16, 1981).
• Came to the United States before reaching the 16th birthday.
• Continuously resided in the United States since June 15, 2007, up to the present time.
• Physically present in the U.S. on June 15, 2012, and at the time of making the request.
• No lawful immigration status on June 15, 2012, and at the time of making the request.
• Currently in school, graduated or obtained a certificate of completion from high school, obtained a GED, or an honorably discharged veteran.
• No felony, significant misdemeanor or three or more other misdemeanors, and no threat to national security or public safety.

Consultation Screening Questions

1. When do your current DACA grant and EAD expire? Please bring your most recent Form I-797.
2. How old were you when you first came to the U.S., and when did you arrive?
3. Have you lived in the U.S. continuously since June 15, 2007? Any trips abroad?
4. Have you traveled outside the U.S. since receiving DACA, with or without advance parole?
5. Have you ever been arrested, charged or convicted, including for a DUI or any misdemeanor?
6. Are you in school now, or do you have a diploma, GED or honorable discharge?
7. Have you ever been in removal proceedings, or held any lawful immigration status?
8. Have your address, name or other details changed since your last request?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.