What Is DACA
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action from deportation for a period of two years, subject to renewal. This U.S. immigration policy is known as Deferred Action for Childhood Arrivals, or DACA. Persons protected by DACA are also eligible for work authorization.
Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Request DACA for the First Time
The following information explains the guidelines for requesting DACA for the first time. If you need further information and cannot find it in our Frequently Asked Questions, you can call the United States Citizenship and Immigration Services (USCIS) Contact Center at 800-375-5283.
For people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833. Representatives are available Monday-Friday from 8 a.m. to 6 p.m. in each U.S. time zone.
Renew DACA
You may also renew your existing period of DACA if it is expiring.
Who Can Renew
You may request a renewal if you met the initial 2012 DACA guidelines and you:
• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request.
When to Renew
USCIS’ current goal is to process DACA renewal requests within 120 days. If your renewal request has been pending more than 105 days and you have not heard from us, please feel free to contact us.
How to Renew
Complete and sign:
• Form I-821D, Consideration of Deferred Action for Childhood Arrivals (use the most recent version of Form I-821D on the USCIS website or your form will be rejected.
• Form I-765, Application for Employment Authorization
• Form I-765W Worksheet
• Follow the instructions on all three forms to submit them to USCIS. Make sure you submit the correct fees.
Guidelines
You may request DACA if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. 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.
Age Guidelines
Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized below:
• You have never been in removal proceedings, or your proceedings have been terminated before making your request—You must be at least 15 years old at the time of submitting your request and under the age of 31 as of June 15, 2012.
• You are in removal proceedings, have a final removal order, or have a voluntary departure order, and are not in immigration detention—You must be under the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
You must demonstrate that on June 15, 2012, you:
• Were under the age of 31 years
• Were physically present in the United States
• Had no lawful status
You must also demonstrate that as of the day you file your request, you:
• Have resided continuously in the U.S. since June 15, 2007;
• Had come to the United States before your 16th birthday
• Were physically present in the United States; and
• Are in school, have graduated from high school in the United States, or have a GED; or
• Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines
You will meet the DACA education and military service guidelines if you (1) graduated from public or private high school; (2) graduated from secondary school; (3) obtained a GED; (4) are currently enrolled in school; or (5) are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
Filing Process for DACA
Below are some of the things you will have to prove to be eligible for DACA, and the acceptable documents or means of proving them:
Proof of Identity
• Passport or national identity document from your country of origin
• Birth certificate with photo identification
• School or military ID with photo
• Any U.S. government immigration or other document bearing your name and photo
Proof You Came to the U.S. Before Your 16th Birthday
• Passport with admission stamp
• Form I-94/I-95/I-94W
• School records from the U.S. schools you have attended
• Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
• Travel records
• Hospital or medical records
• Employment records (pay stubs, W-2 Forms, etc.)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the country
• Birth certificates of children born in the U.S.
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies
Proof of Immigration Status
• Form I-94/I-95/I-94W with authorized stay expiration date
• Final order of exclusion, deportation, or removal issued as of June 15, 2012
• A charging document placing you into removal proceedings
Proof of Your Presence in the U.S. on June 15, 2012
• Rent receipts or utility bills
• Employment records (pay stubs, W-2 Forms, etc.)
• School records (letters, report cards, etc.)
• Military records (Form DD-214 or NGB Form 22)
• Official records from a religious entity confirming participation in a religious ceremony
• Copies of money order receipts for money sent in or out of the country
• Passport entries
• Birth certificates of children born in the U.S.
• Dated bank transactions
• Automobile license receipts or registration
• Deeds, mortgages, rental agreement contracts
• Tax receipts, insurance policies
Proof of Your Student Status at the Time of Requesting DACA
• Official records (transcripts, report cards, etc.) from the school that you are currently attending in the United States.
• U.S. high school diploma or certificate of completion
• U.S. GED certificate
Proof You Are an Honorably Discharged Veteran of the Coast Guard or U.S. Armed Forces
• Form DD-214, Certificate of Release or Discharge from Active Duty
• NGB Form 22, National Guard Report of Separation and Record of Service
• Military personnel records
• Military health records
Completing Your Forms
• You must file the most recent version of Form I-821D from our website. USCIS will reject older versions of the form if you submit them.
• Write your name, date of birth, and mailing address exactly the same way on each form.
• USCIS prefers that you download the forms from their website at https://www.uscis.gov/forms/all-forms, fill them out electronically, and then print your completed forms to mail.
• Make sure you are using the most current version of the forms. The correct, most current edition of every USCIS form is always available for free download on our website.
• If you complete the forms by hand, use black ink only. Do NOT use highlighters or red ink on your forms. These could make your materials unreadable when scanned.
• If you must make changes on a form, we recommend that you begin with a new form, rather than trying to white out information. This can lead to scanning errors.
• Ensure that you provide all required supporting documentation and evidence.
• Be sure to sign all of your forms.
Filing Your Forms
• USCIS will reject your request if you fail to submit Forms I-821D, I-765, I-765WS, and the correct fees.
• Organize and label your evidence by the DACA guideline that it meets.
• Be sure that you mail all pages of the forms.
• Mail the forms to correct USCIS Lockbox.
• You cannot e-file your DACA request.
• If you have questions, call the USCIS Contact Center at 1-800-375-5283; do NOT visit a USCIS field office.
Mail your forms to the appropriate USCIS Lockbox
See the mailing instructions for Form I-821D. Include the required forms, fees and supporting documentation with your filing. Remember to carefully follow instructions and fully complete your forms. USCIS will not accept incomplete forms or forms without proper fee.
USCIS will mail you a receipt after accepting your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance.
Create a USCIS online account for DACA requests
Beginning February 1, 2016, anyone who submits a DACA request will be able to create a USCIS online account to track and manage his or her case online. If you submit a DACA request, you will receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account.
Having a USCIS online account allows you to:
• Check the status of your case;
• Receive notifications and case updates; and
• Manage your contact information, including updating your address.
If you are an attorney or accredited representative, creating a USCIS online account will allow you to manage all of your clients’ DACA requests in one place. USCIS will continue processing your DACA request even if you choose not to access your USCIS online account. You will continue to receive notifications and updates about your case by mail through the U.S. Postal Service.
Note for Attorneys and Accredited Representatives: You should have only one USCIS online representative account. When you receive an Account Acceptance Notice for a paper form filed at a USCIS Lockbox on behalf of your client, please ensure that you enter the same personal information that you provided on the Form G-28 submitted with your client’s original application, petition, or request. If the information you use to access your online representative account does not match the information you provided on the Form G-28, you may be unable to access your client’s case.
Visit an Application Support Center (ASC) for biometric services
After USCIS receives your complete request with fees, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, USCIS may deny your request DACA. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only.
Check the status of your request online
The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides to defer action in your case.
You can check the status of your case at https://egov.uscis.gov/casestatus/landing.do or by logging into your USCIS online account.
Fee Exemptions
There are very limited fee exemptions available. Your request for a fee exemption must be filed and favorably adjudicated before you file your DACA request without a fee. In order to be considered for a fee exemption, you must submit a letter and supporting documentation to USCIS demonstrating that you meet one of the following conditions:
• You are under 18 years of age, have an income that is less than 150 percent of the U.S. poverty level, and are in foster care or otherwise lacking any parental or other familial support; or,
• You are under 18 years of age and homeless; or,
• You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150 percent of the U.S. poverty level; or,
• You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member, and your income is less than 150 percent of the U.S. poverty level.
Submit the following types of evidence:
• Affidavits from community-based or religious organizations to establish a requestor’s homelessness or lack of parental or other familial financial support.
• Copies of tax returns, bank statement, pay stubs, or other reliable evidence of income level.
• An affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level.
• Copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $10,000.
USCIS will send you a Request for Evidence (RFE) if it has questions on the evidence you submitted.
You can find additional information on USCIS’s web page at https://www.uscis.gov/forms/filing-fees/guidance-for-an-exemption-from-the-fee-for-a-form-i-765-filed-with-a-request-for-consideration-of.
Note: There are no fee waivers available for employment authorization applications connected to DACA.
If USCIS Grants DACA in Your Case
If USCIS grants DACA and employment authorization in your case, you will receive a written notice of that decision. An Employment Authorization Document will arrive separately in the mail.
If USCIS Does Not Grant DACA in Your Case
If USCIS decides not to grant DACA in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more information on notices to appear, visit www.uscis.gov/NTA.
Consideration of Deferred Action for Childhood Arrivals (DACA)
In compliance with an order of a United States District Court, effective December 7, 2020, 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 September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
• Extending one-year grants of deferred action under DACA to two years; and
• Extending one-year employment authorization documents under DACA to two years.
USCIS 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 legal relief from the order.
DACA (Deferred Action for Childhood Arrivals) is a federal immigration policy that impacts individuals in Texas similarly to those in other states. It allows certain people who were brought to the U.S. as children to defer deportation and apply for work permits for a period of two years, which can be renewed. To be eligible, applicants must meet several criteria, including having arrived in the U.S. before turning 16 and being present in the country on June 15, 2012. They must also be students, have graduated, or have been honorably discharged from the military. Required forms for application include I-821D, I-765, and I-765W, accompanied by the necessary fees, unless exemptions apply. The U.S. Citizenship and Immigration Services (USCIS) provides an online account service for applicants to monitor their case status. Approval leads to a notice of deferred action and an Employment Authorization Document, while denial does not offer an appeal option and generally does not result in referral to ICE except in cases with aggravating factors. Following a court order from December 7, 2020, USCIS resumed accepting first-time requests, renewals, and advance parole requests under the original terms set before September 5, 2017, and extended some one-year grants to two years. The Department of Homeland Security (DHS) retains the option to seek legal relief from this order.
