Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain individuals who came to the United States as children and meet several guidelines to request consideration of deferred action from removal and work authorization. DACA does not provide lawful status but provides temporary relief from deportation and the ability to work legally in the United States.
You came to the United States before reaching your 16th birthday
You have continuously resided in the United States since June 15, 2007
You were physically present in the United States on June 15, 2012, and at the time of making your request
You had no lawful status on June 15, 2012
You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a GED certificate, or are an honorably discharged veteran
You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
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Regulatory Criteria
Current DACA Status (As of Sept. 13, 2023)
The U.S. District Court for the Southern District of Texas found the DACA Final Rule unlawful but maintained a partial stay for individuals who received their initial DACA status prior to July 16, 2021.
Examples
Current valid grants of DACA and related EADs continue to be recognized as valid
USCIS continues to accept and process DACA renewal requests
USCIS continues to accept initial DACA requests but cannot approve them while the court order is in effect
Initial DACA requests filed on or after July 16, 2021 remain on hold
What is Considered an Initial DACA Request
An initial request for DACA includes first-time requests and certain other situations where a new request is treated as initial rather than renewal.
Examples
A first-time request for DACA
A request filed by an individual who was previously granted DACA but did not request renewal within one year of the expiration
A request filed by an individual whose most recent DACA grant was terminated
What is Considered a DACA Renewal Request
A DACA renewal request is filed by an individual with a current DACA grant or within one year of the expiration of their prior DACA grant.
Examples
A request filed by an individual with a current DACA grant
A request filed by an individual within one year of the expiration of their prior DACA grant
USCIS strongly encourages filing renewal requests 120 to 150 days (4 to 5 months) before current validity period expires
Current DACA Recipients
If you currently have DACA and your work authorization has not expired, your DACA is still in effect, and you are eligible to request renewal at the appropriate time.
Examples
Current DACA grants remain valid
Related employment authorization documents (EADs) remain valid
Eligible to request renewal pursuant to DACA regulations at 8 CFR 236.22 and 236.23
Court decision does not affect validity period of current grants
DACA Renewal Requestors
Individuals requesting DACA as a renewal may continue to submit DACA renewal requests. USCIS will continue to process and issue a decision on renewal requests.
Examples
USCIS continues to accept and adjudicate renewal requests
Goal of processing renewal requests generally within 120 days
If renewal request pending more than 105 days, you may expedite by contacting USCIS
Failure to appear for biometrics appointment will increase processing time
Initial DACA Requestors
While USCIS will accept your initial DACA request, they are prohibited from granting initial requests while the court order from the U.S. District Court for the Southern District of Texas is in effect.
Examples
USCIS will accept initial DACA requests and issue receipt notices
USCIS will process payment
USCIS cannot approve initial requests while court orders are in effect
Initial requests filed on or after July 16, 2021 remain on hold
USCIS is holding cases rather than rejecting or closing them
Employment Authorization
DACA recipients may apply for employment authorization (work permit) along with their DACA request.
Examples
Current valid EADs continue to be recognized as valid
Employment authorization applications are processed with DACA renewal requests
Initial DACA requests and accompanying EAD applications cannot be approved while court order is in effect
Advance Parole
DACA recipients may request advance parole (permission to travel abroad and return to the United States) in certain circumstances.
Examples
Current valid advance parole documents remain valid
USCIS continues to adjudicate requests for advance parole
Travel abroad issues may require additional evidence or clarification
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Application Process
Determine Eligibility
Review guidelines to confirm you meet DACA requirements.
Gather Documents
Collect evidence of identity, presence in U.S., education, and other requirements.
File Form I-821D
Submit Consideration of Deferred Action for Childhood Arrivals request.
File Form I-765
Submit Application for Employment Authorization along with I-821D.
Biometrics
Attend biometrics appointment for fingerprints and photographs.
USCIS Review
USCIS reviews request and supporting evidence.
Decision
Receive decision on DACA request and employment authorization.
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Key Benefits
Temporary relief from deportation (deferred action)
Work authorization (employment authorization document)
Social Security number eligibility
Valid for two years, renewable
Ability to obtain driver's license in many states
Potential eligibility for advance parole (travel permission)
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Documents Needed
Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Form I-765, Application for Employment Authorization
Form I-765WS, Worksheet (for initial requests)
Proof of identity (passport, birth certificate, school ID with photo, military ID)
Proof of U.S. presence on June 15, 2012
Proof of continuous residence since June 15, 2007
Proof of immigration status (or lack thereof) on June 15, 2012
Proof of current school enrollment, graduation, GED, or military discharge
Proof you came to U.S. before 16th birthday
Two passport-style photographs
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Frequently Asked Questions
Is the DACA policy over?
No. While the court order does not allow USCIS to approve initial DACA requests, USCIS continues processing DACA renewals and associated applications. The court maintained a partial stay of its injunction for individuals who received their initial DACA status prior to July 16, 2021.
What is the difference between an initial request and a renewal request?
An initial request is a first-time request, a request after DACA expired more than one year ago, or a request after DACA was terminated. A renewal request is filed by someone with a current DACA grant or within one year of their prior grant's expiration.
Can I file an initial DACA request?
USCIS is accepting initial DACA requests, but cannot approve them while the court order is in effect. If you file an initial request, you will receive a receipt notice, but your request will remain on hold.
When should I file my DACA renewal?
USCIS strongly encourages DACA recipients to file their renewal requests 120 to 150 days (4 to 5 months) before their current DACA validity period expires.
Will I get a refund if my initial DACA request cannot be approved?
At this time, USCIS is not issuing refunds for pending initial DACA requests that remain on hold while the court orders are in effect.
Does DACA provide a path to a Green Card?
DACA does not provide lawful immigration status or a direct path to a Green Card. However, DACA recipients may be eligible for other immigration benefits depending on their individual circumstances.
What happens if I don't appear for my biometrics appointment?
Failure to appear at an Application Support Center for a scheduled biometrics appointment will increase the processing time for your request. If you cannot attend, you should reschedule as soon as possible.
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Fees
Attorney Fee
$950
USCIS Fee
$520
Fees are estimates and may change. Contact us for a quote for your specific case.
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