Form I-821D is the application used to request Deferred Action for Childhood Arrivals, known as DACA. You file it with U.S. Citizenship and Immigration Services along with a work permit application, and if approved you get a two-year period during which you are not a removal priority and can work legally. The form itself has not changed, but who can actually get an approval has. Under a January 17, 2025, ruling from the U.S. Court of Appeals for the Fifth Circuit, USCIS continues to accept initial I-821D filings from first-time applicants but will not process or approve them; renewals for people who currently have DACA, or whose grant expired less than a year ago, are still being processed normally.1U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)2U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals If you are filing an initial request, USCIS will keep your fee while your case sits.
Who Can File Form I-821D
Every DACA eligibility rule has to be met. There is no partial credit for coming close on one requirement.
- You were under 31 on June 15, 2012 (born on or after June 16, 1981).
- You came to the United States before your 16th birthday.
- You have lived in the U.S. continuously since June 15, 2007, through the date you file.
- You were physically in the U.S. on June 15, 2012, and you are physically present when you submit the form.
- You had no lawful immigration status on June 15, 2012, including any status that expired on or before that date.
You also need to satisfy one of these education or service conditions when you file: currently enrolled in school, high school diploma, GED certificate, or an honorable discharge from the U.S. military or Coast Guard.
Criminal Convictions That Bar You
Any felony conviction disqualifies you. So does a single disqualifying misdemeanor. Under 8 CFR 236.22, some misdemeanors are disqualifying regardless of the sentence imposed: domestic violence, sexual abuse or exploitation, burglary, drug distribution or trafficking, unlawful possession or use of a firearm, and driving under the influence.4eCFR. 8 CFR 236.22 – Eligibility for Consideration of Deferred Action for Childhood Arrivals Any other misdemeanor is disqualifying if you were actually sentenced to more than 90 days in custody; suspended time does not count, only time you were ordered to serve. Three or more non-concurrent misdemeanor convictions of any kind will also disqualify you.
What You File With Form I-821D
You cannot file the I-821D by itself. A complete package has three forms filed together: Form I-821D, Form I-765 (the work permit application), and the I-765 Worksheet.2U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals The work authorization application is mandatory even if you are not planning to work.
Fees and How to Pay
The total depends on whether you file on paper or online. Online filing is available for renewals only; initial requests must be submitted on paper.5U.S. Citizenship and Immigration Services. Filing Tips for Deferred Action for Childhood Arrivals
- Paper filing: $85 for Form I-821D plus $520 for Form I-765, totaling $605.
- Online filing (renewals only): $85 for Form I-821D plus $470 for Form I-765, totaling $555.
USCIS recommends paying with two separate checks or money orders, made payable to “U.S. Department of Homeland Security.” Paper packages go to the USCIS lockbox facility for your state; three lockbox addresses cover different regions.7U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for Childhood Arrivals
There is no standard fee waiver, but a narrow fee exemption exists. To qualify, your income must be below 150% of the federal poverty level and you must also meet one of these conditions: a serious chronic disability that prevents you from caring for yourself, at least $10,000 in unreimbursed medical expenses in the past 12 months, or you are under 18 and homeless, in foster care, or without parental support. You have to submit a letter and supporting documents to request the exemption before you file the I-821D.8U.S. Citizenship and Immigration Services. Guidance for an Exemption from the Fees for a Form I-821D
Evidence to Include
Initial applicants have to prove every eligibility requirement with documents. Renewals need much less, mainly updated information and proof you have not left the country without permission.
Identity and Age
A passport works on its own. So does a birth certificate paired with a government-issued photo ID, or a national identity document from your country of origin. School or military photo IDs can support these, but usually will not stand alone.9U.S. Citizenship and Immigration Services. Instructions for Consideration of Deferred Action for Childhood Arrivals
Continuous Residence and Physical Presence
You need dated records covering June 15, 2007, through the date you file. The stronger your month-to-month coverage, the fewer requests for evidence you are likely to get. Useful items include:
- School transcripts and enrollment records
- Employment records and pay stubs
- Tax returns
- Utility bills and rent receipts
- Medical and dental records
- Bank statements
For the June 15, 2012, physical presence requirement, a single document dated on or near that day helps a lot: a receipt, a medical visit, an attendance record. Timeline gaps are the most common reason USCIS asks for more.
Education
Submit a copy of your high school diploma, GED certificate, or transcripts showing current enrollment. Veterans should include DD-214 discharge papers.
Renewal Timing
File your renewal 150 to 120 days before your current DACA expires. Filing earlier than 150 days out can get your package rejected and returned. Filing later than 120 days out risks a gap between grants, which brings its own problems.9U.S. Citizenship and Immigration Services. Instructions for Consideration of Deferred Action for Childhood Arrivals
USCIS processes most renewals within 120 days, and historical data shows a median closer to one to two months.2U.S. Citizenship and Immigration Services. I-821D, Consideration of Deferred Action for Childhood Arrivals Times shift, though, which is why the filing window is set well in advance of expiration.
Renewal applicants still have to meet every original eligibility requirement, show continuous residence since the last approval, and confirm they have not traveled outside the U.S. without advance parole. The forms are the same: I-821D, I-765, and I-765WS. Supporting documentation is lighter — usually updated records and proof you stayed in the country.
The One-Year Cutoff
If your DACA expired less than a year ago and USCIS did not terminate it, you can still file as a renewal, with the lighter documentation burden. If more than a year has passed since expiration, or if USCIS terminated your DACA, your case is treated as a brand-new initial request. That means the full documentation package, paper-only filing, and the current court injunction that keeps USCIS from approving initial requests.9U.S. Citizenship and Immigration Services. Instructions for Consideration of Deferred Action for Childhood Arrivals
After You File
USCIS will send a receipt notice and, separately, a biometrics appointment notice for fingerprints and a photo. Keep the receipt notice; the case number on it is how you check status and how you reach USCIS about the case.
Travel Outside the United States
Leaving the country without advance parole is one of the fastest ways to lose DACA. USCIS may terminate your deferred action, and you may not be allowed back in.1U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
Advance parole is a separate travel document you request by filing Form I-131 after DACA is approved. It is not a visa and does not give you lawful status; it is permission to leave and request reentry. Travel with an approved advance parole does not break your continuous residence for DACA purposes.
Two hard rules to know. If you travel outside the U.S. while your initial DACA request is still pending, you will not be considered for DACA at all. The same result follows if you traveled after August 15, 2012, without first receiving advance parole.1U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
What Happens If DACA Lapses
While DACA is active, you do not accrue unlawful presence. The day it expires without a renewal, that protection ends and unlawful presence starts building again, unless you are under 18 when you submit your renewal request.3U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals – Frequently Asked Questions More than 180 days of unlawful presence followed by a departure triggers a three-year bar on reentry; more than a year triggers a ten-year bar. That is the practical reason the renewal window matters: even a short gap can start a clock that affects you for years.
Work authorization ends when DACA does. Your employer has to stop employing you once the EAD is no longer valid, and you cannot start a new job until a renewed EAD is issued.
Change of Address
If you move while your DACA request is pending, or while your deferred action is active, you have 10 days to notify USCIS.10U.S. Citizenship and Immigration Services. AR-11, Alien’s Change of Address Card The fastest method is your USCIS online account, which updates the address across their systems almost immediately. Paper Form AR-11 by mail also works, but it does not automatically update the address on a pending case, so important notices can still be sent to the old address. Missing a notice can cost you an approval.