I-821D, Consideration of Deferred Action for Childhood Arrivals

DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”):

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims; vacated the June 15, 2012 DACA memorandum issued by former Secretary of Homeland Security Napolitano; remanded the memorandum to DHS  for further consideration; and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.

Consistent with this order (PDF, 401.59 KB), DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, under the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.

Update: Deferred Action for Childhood Arrivals

 

In compliance with an order of a U.S. District Court, effective December 4, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to Sept. 5, 2017;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect before Sept. 5, 2017;
  • Accepting applications for advance parole documents based on the terms of the DACA policy in effect before Sept. 5, 2017;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

We will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.

DHS will comply with the order while it remains in effect, but DHS may seek relief from the order.

Use this form to request that we consider granting or renewing deferred action on a case-by-case basis using guidelines described in the Secretary of Homeland Security's memorandum issued June 15, 2012. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time, unless the Department of Homeland Security (DHS) chooses to terminate the deferral. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Form I-765 Worksheet.

Forms and Document Downloads

Form Details

Edition Date

08/31/21. Starting 12/20/21, we will only accept the 08/31/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

Where you file depends on your state of residence; check our Filing Addresses for Consideration of Deferred Action for Childhood Arrivals page for the correct mailing address.

Filing Tips for Form I-821D, Consideration of Deferred Action for Childhood Arrivals

Complete all sections of the form. We will reject your form if these fields are missing:

  • Part 1 – Information About You
    • Initial Request or Renewal Request
    • Expiration date of most recent period of DACA (renewals only)
    • Family Name
    • U.S. Mailing Address
    • Alien Registration Number (renewals only)
    • Date of Birth
  • Part 4 – Criminal, National Security, and Public Safety Information (for initial and renewal requests)
    • Questions 1 – 7 must be marked “Yes” or “No”

We recommend reading our Lockbox filing tips.

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee
$495.

This fee includes employment authorization and biometric services and cannot be waived. Use our Fee Calculator to help determine your fee.

Special Instructions

E-Notification: To receive an e-mail or text message when we receive your form, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your Form I-821D.

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