I-821D, Consideration of Deferred Action for Childhood Arrivals
ALERT: Deferred Action for Childhood Arrivals Final Rule Effective Oct. 31, 2022.
The DACA final rule takes effect on Oct. 31, 2022, to the extent permitted by current court orders. The final rule generally codifies existing policies with limited changes to preserve and fortify DACA. While the new rule will apply to applications considered as of Oct. 31, currently valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. If you have a pending renewal application, you do not need to reapply.
Effective Oct. 31, 2022, we will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule, consistent with court orders and an ongoing partial stay. We will also continue to accept and process applications for advance parole for current DACA recipients, and we will continue to accept but not process initial DACA requests. DHS is currently prohibited from granting initial DACA requests and related employment authorization under the final rule due to the Oct. 14, 2022 order issued by the U.S. District Court for the Southern District of Texas, which extended its injunction and partial stay to the DACA final rule.
For more information, see the News Release.
ALERT: Court decisions regarding DACA.
Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy. On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. On Oct. 14, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.
At this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests.
Use this form to request that we consider granting or renewing deferred action on a case-by-case basis using guidelines described in the final rule.
Deferred action is an act of prosecutorial discretion to defer removal of an individual. Individuals who receive deferred action will not be removed from the United States for a specified period of time, unless the Department of Homeland Security (DHS) chooses to terminate the grant of deferred action. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet (PDF, 243.14 KB).
In this video, you can learn how to file your Form I-821D and Form I-765 online:
Form Details
Dates are listed in mm/dd/yy format.
If you need help downloading and printing forms, read our instructions.
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.
We cannot waive this fee. You also must include the $410 filing fee for Form I-765. Use our Fee Calculator to help determine your fee.
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.
- Filing Tips for Deferred Action for Childhood Arrivals
- DACA Litigation Information Page
- Consideration of Deferred Action for Childhood Arrivals Fee Exemption Guidance
- Lockbox Filing Tips
- Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- DACA Frequently Asked Questions