Form I-821D guide: Consideration of Deferred Action for Childhood Arrivals

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form I-821D is Consideration of Deferred Action for Childhood Arrivals. It is used to request or renew Deferred Action for Childhood Arrivals (DACA) and is processed by U.S. Citizenship and Immigration Services (USCIS). DACA began in 2012 and was codified in federal regulations by the Department of Homeland Security in 2022 (8 CFR 236.21 to 236.25). It is for people who came to the United States as children, have lived here for a long time and meet education and conduct requirements; if approved, removal is deferred for a period (usually two years), and the person can separately apply for a work permit.

DACA is not a lawful status, and it cannot lead directly to a green card or citizenship; it is a renewable exercise of discretion. Because of litigation brought by Texas and other states, USCIS has for years been unable to approve initial requests and can only process renewals; a 2025 decision by the U.S. Court of Appeals for the Fifth Circuit may also have a particular effect on recipients in Texas, and the case is continuing in the lower court. This page covers the general rules for I-821D; for the current status of the litigation, rely on the latest information on the official USCIS DACA page.

At a glance

Current status of DACA: initial requests and renewals (checked October 2026)

• Renewals: USCIS continues to accept and process renewal requests (including the accompanying work permit applications). Existing DACA grants and work permits remain valid until they expire, unless individually terminated.
• Initial requests: USCIS's official position is that initial requests may be filed but, under the order of the federal district court in Texas, will not be processed and cannot be approved. Initial requests already filed are on hold.
• Litigation: on January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit, in Texas v. United States, held parts of the DACA rule unlawful, but limited the remedy to the State of Texas and sent the case back to the district court. Under that decision, DACA recipients in Texas may in the future keep only deferred action, without DACA-based work authorization; how and when this will be implemented depends on further rulings by the district court. Until the court issues a new order and USCIS publishes a corresponding announcement, existing DACA grants and work permits for recipients in Texas generally remain valid for their original periods, but the situation may change at any time.
• Processing delays: since late 2025, USCIS has placed various cases of applicants of certain nationalities on hold, and some DACA renewals have reportedly been delayed as a result; these measures have been challenged in federal court, and some have been blocked. File your renewal early and keep your receipt.

Eligibility

Under 8 CFR 236.22 and USCIS guidance, a requestor generally must meet all of the following:

1. Under 31 as of June 15, 2012;
2. Came to the United States before turning 16;
3. Has continuously resided in the United States since June 15, 2007, up to the present (brief, casual and innocent departures do not break it);
4. Physically present in the United States on June 15, 2012, and at the time of filing;
5. Had no lawful status on June 15, 2012 (for example, never had lawful status, or lawful status expired before that date);
6. Education or military service: currently in school, graduated or obtained a certificate of completion from a U.S. high school, obtained a high school equivalency (such as a GED), or is an honorably discharged veteran of the U.S. Coast Guard or Armed Forces;
7. Conduct and security: no felony conviction, no "significant misdemeanor" conviction, no three or more other misdemeanor convictions, and does not pose a threat to national security or public safety;
8. Merits a favorable exercise of discretion.

Minimum age: initial requestors generally must be at least 15; people in removal proceedings or with a final removal order or voluntary departure order may request before age 15.

"Significant misdemeanors" include domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, and driving under the influence (DUI), as well as any other misdemeanor for which the sentence included more than 90 days in custody. A single DUI conviction can make a person ineligible, so take particular care.

Renewals: timing and rules

• Recommended timing: USCIS strongly recommends filing a renewal between 120 and 150 days (about 4 to 5 months) before your current DACA expires. Filing earlier than 150 days will not speed up processing, and filing too late may cause a gap in DACA and work authorization.
• Expired less than one year ago: you can file as a renewal.
• Expired more than one year ago, or DACA was terminated: you must file as an initial request. While initial requests cannot be approved, this means DACA cannot be restored for now. So do not let DACA lapse for long.
• Renewal requirements: you have not left the United States without advance parole since your last approval, you have continuously resided in the United States since your last request, you have no felony, significant misdemeanor or three or more misdemeanor convictions, and you do not pose a security threat.
• Gap periods: if a renewal is not approved before DACA expires, you are not protected by DACA from the expiration until approval, and your work permit may also lapse (unless an automatic extension rule applies). That is why filing on time is so important.

Tips for completing the form

• Request type: at the start of the form, correctly check initial request or renewal, and enter the expiration date of your last DACA (for renewals).
• Personal information: name, date of birth and all other names used must match your previous DACA requests and identity documents.
• Residence and departure records: initial requests must describe residence and all departures since June 15, 2007; renewals must describe departures since the last request.
• Education information: schools attended and graduation or enrollment status.
• Criminal, public safety and national security questions: truthfully report all arrests, charges and convictions, including records that were vacated or sealed, and attach the court's final disposition documents.
• I-765 and I-765WS: must be filed together with the I-821D. The I-765WS worksheet must explain the requestor's economic need.

Evidence and documents to include

Initial requests

• Proof of identity: passport, birth certificate together with a photo identity document, consular identification card, and so on;
• Proof of arrival in the United States before age 16: passport entry stamp, I-94, school records, medical records, and so on;
• Proof of having no lawful status on June 15, 2012 (if applicable: I-94 expiration date, removal order, and so on);
• Proof of continuous residence since June 15, 2007: school records, medical records, leases, pay stubs, bank records, records from religious institutions, and so on, covering each period;
• Proof of physical presence in the United States on June 15, 2012;
• Proof of education or military service: enrollment verification, diploma, transcripts, GED certificate, discharge papers;
• For any arrest or conviction: the court's final disposition.

Renewals

• You generally do not need to resubmit evidence already submitted with your initial request, but you must provide any new relevant documents since your last request (for example, new court records or removal proceedings documents);
• A copy of the front and back of your current work permit, and other items as the form instructions require.

Foreign-language documents must include a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents.

How to file and fees

File online or by mail to the designated address, following the instructions on the USCIS form page. The I-821D and I-765 each carry a fee; the fee structure and amounts have changed in recent years, and fees for online and paper filing may differ. DACA fee exemptions are available only in very limited circumstances. Check the USCIS Fee Schedule G-1055 and the I-821D form page; see also How to check immigration fees and processing times.

What happens after filing

1. Receipt: keep the receipt notice.
2. Biometrics: attend for fingerprints and photos as notified; for renewals, USCIS sometimes reuses previously collected biometrics.
3. Requests for evidence: you may receive a request for evidence or a notice of intent to deny (see What to do when you receive an RFE), which must be answered by the deadline.
4. Decision: if approved, you receive an approval notice, and the work permit is mailed separately. Because DACA is discretionary, a denial generally cannot be appealed and cannot be challenged by motion (I-290B does not apply), but in limited situations you can ask USCIS to correct an obvious error.

Check processing times on the USCIS processing times page; to check case status, see How to check your USCIS case status.

Travel and advance parole

DACA recipients can in principle apply for advance parole through I-131 to travel abroad for humanitarian, educational or employment purposes. Leaving the United States without advance parole is treated as terminating DACA. Even with advance parole, you must still pass inspection on return, and in the current enforcement environment there is a risk of not being able to return; the risk is higher for people with a history of overstaying or a prior removal order. Consult an attorney before making any travel plans.

DACA and green cards

• DACA itself cannot lead to a green card, but it does not prevent you from applying through other routes, such as a family-based petition by a U.S. citizen spouse or employment-based immigration.
• A DACA recipient who travels on advance parole and returns lawfully is "paroled" on return, which in some situations (for example, immediate relatives of U.S. citizens) may satisfy the entry requirement for adjusting status in the United States. Whether this applies must be assessed by an attorney based on your complete entry history; see Adjustment of status.
• Past unlawful presence may trigger a 3-year or 10-year bar to re-entry. Time in DACA generally does not count as unlawful presence, but time before DACA may count. This requires case-by-case assessment.

How it differs from similar forms

Frequently asked questions

Official sources

• USCIS: official DACA page (including litigation status updates)
• USCIS: Form I-821D page and instructions
• Federal regulations: 8 CFR 236.21–236.25 (DACA)
• USCIS Fee Schedule G-1055

Related reading

• Form I-765 guide: application for employment authorization
• Form I-131 guide: advance parole and travel documents
• Form I-821 guide: Temporary Protected Status (TPS)
• Marriage green cards: how spouses of U.S. citizens and green card holders apply

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.