Consideration of Deferred Action for Childhood Arrivals (Form I-821D)
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What is I-821D?
Form I-821D requests Deferred Action for Childhood Arrivals (DACA): a USCIS adjudicatory grant of two-year protection from removal plus eligibility to apply for an Employment Authorization Document under the c.33 category. The form has two paths: Initial Request (first-time DACA applicants) and Renewal Request (current or recently lapsed DACA recipients). As of 2026, USCIS receipts but does not adjudicate Initial requests under the partial vacatur in Texas v. United States, 50 F.4th 498 (5th Cir. 2022) and the subsequent affirmance in Texas v. United States, 126 F.4th 392 (5th Cir. Jan. 17, 2025) (work-authorization portion of 8 CFR 236.21 unlawful, renewals continue nationwide). Verify current policy at uscis.gov/i-821d before filing an Initial.
What happens if you miss the deadline: Renewals filed after the current DACA expires risk an authorization lapse, which can interrupt employment under the c.33 EAD and trigger accrual of unlawful presence if the gap is long enough. Filers near or past expiration should consult a legal aid clinic or immigration practitioner immediately; in some cases an Initial-style filing or a different status path is the better option.
How to file
- Filing fee
- $85 for I-821D itself plus the bundled I-765 c.33 EAD fee of $520 paper or $470 online under the 04/01/24 fee schedule (89 Fed. Reg. 6194). Combined DACA filing fee: $605 paper or $555 online. The standard I-912 fee waiver is NOT available for c.33 DACA filers: 8 CFR 106.3(a)(3)(ii)(F) explicitly excludes c.33 from the I-765 fee-waiver list. A narrow DACA-specific fee EXEMPTION (separate from the I-912 waiver) is available under USCIS Policy Manual on a showing of homelessness, foster care, or household income below 150% FPG combined with chronic disability or 10%+-of-income medical debt; eligible filers submit a letter and supporting documentation requesting the exemption for both the I-821D and the I-765 c.33. Most DACA renewers pay the full $555 / $605 combined fee.
- Filing method
- Filing deadline
- Renewals: USCIS recommends filing 120 to 150 days before the current DACA expiration. Filed earlier than 150 days is returned; filed later than 120 days risks a gap in deferred action and EAD validity. Initial requests have no statutory deadline; the program's continuous-residence and arrival-before-age-16 requirements limit eligibility based on personal history.
- How to serve
- Not applicable. USCIS administrative filing; no service on opposing party.
- Wet signature
- Yes, sign in pen after printing.
- Notarization
- No
- Original and copies
- 1 original Form I-821D + supporting evidence per USCIS instructions. Bundle with Form I-765 (c.33 category) for work authorization. Photocopy a complete set for the requestor's records before mailing.
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Top-level Initial vs Renewal radio. Drives every conditional in the wizard. As of 2026 USCIS receipts but does not adjudicate Initial requests under Texas v. United States; Renewals continue to be adjudicated.
- Texas v. United States blocks adjudication of new Initial requests as of 2026; USCIS receipts but does not approve.
- Renewals continue to be adjudicated; pick Renewal if you currently or recently held DACA.
Date the requestor's most recent DACA grant expires. Drives the 120-150 day filing window calculation.
- File 120-150 days before this date; USCIS recommends this window to avoid an EAD lapse.
- Filing more than 150 days early can be returned; filing late risks a gap in work authorization.
Detention status checkboxes at top of Part 1. Most pro se filers are not in detention. If detained, the form does not pause removal; the filer should consult counsel through the detention facility's free legal services list before filing.
- Most pro se DACA filers are not detained; if Yes, the form should not be filed pro se without legal aid involvement.
G-28 attached toggle. Pro se filers leave No.
- Pro se filers leave No; if Yes, attorney must file Form G-28 with this packet.
Attorney bar number from the G-28. Leave blank pro se.
- Pro se filers leave blank; this only applies if a licensed attorney signed Form G-28.
Family name (last name) per the requestor's most recent identity document. Spelling mismatch with USCIS file triggers an RFE.
- Spelling mismatch with the passport, EAD, or prior I-797 receipt is the most common rejection reason.
- Use the legal name on identity documents, not a nickname or anglicized variant.
Given name (first name).
- Spelling mismatch with the passport, EAD, or prior I-797 receipt is the most common rejection reason.
- Use the legal name on identity documents, not a nickname or anglicized variant.
Middle name. Leave blank if none on identity documents.
- Spelling mismatch with the passport, EAD, or prior I-797 receipt is the most common rejection reason.
- Use the legal name on identity documents, not a nickname or anglicized variant.
Item 15.a. Other surnames used (maiden, prior marriage, school, anglicized variants). USCIS searches name aliases against background-check databases; missing a known alias can trigger an RFE.
- USCIS searches background databases against every name listed; missing a maiden name or anglicized version is the most common reason for an RFE.
- If never used another name, leave blank rather than writing 'N/A'.
Other given names used.
- USCIS searches background databases against every name listed; missing a maiden name or anglicized version is the most common reason for an RFE.
- If never used another name, leave blank rather than writing 'N/A'.
Other middle names used.
- USCIS searches background databases against every name listed; missing a maiden name or anglicized version is the most common reason for an RFE.
- If never used another name, leave blank rather than writing 'N/A'.
Item 4.a. In Care Of name when mail goes to a third party first.
- Leave blank if mail comes directly to you; do not write your own name here.
U.S. mailing address street. USCIS sends every notice (receipt, biometrics, decision, EAD card) here. Must be a U.S. address; do not use a temporary address.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Apt / Ste / Flr toggle for the mailing address.
- Pick the option that matches the building; leave blank if not applicable.
Unit number (when applicable).
- Leave blank when the address has no unit number.
Mailing address city.
- Spelling errors here can mis-route mail.
Mailing address state. Two-letter postal abbreviation.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Mailing address ZIP code.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Item 5. Removal proceedings disclosure. The form text explicitly defines the term broadly (pre-1997 exclusion / deportation, INA 240, expedited removal, reinstated final order, INA 217 VWP removal, INA 238 criminal alien removal). FOIA the A-file before answering if uncertain; an undisclosed proceeding flagged later can lead to denial and enforcement referral.
- The form text defines 'removal proceedings' broadly to include exclusion, deportation, and pre-1997 cases.
- Yes here triggers items 6.a through 6.g; leave them blank only if No.
Item 6.a-6.e. Status / outcome category if removal proceedings were ever initiated. Pull from the most recent EOIR notice or USCIS document.
- Pull from the most recent EOIR or BIA notice; do not guess.
Item 6.f. Most recent date of removal proceedings activity.
- Use the date on the most recent EOIR notice.
Item 6.g. City and state of immigration court or DHS office.
- Use the EOIR court address from the notice; not your home address.
Item 7. Nine-digit A-Number from prior USCIS notices or EAD. Optional for first-time filers without a prior USCIS file. Required for renewals (every prior DACA grant has an A-Number).
- First-time DACA filers without prior USCIS contact will not have an A-Number; leave blank.
- Renewers must use the A-Number on the most recent I-797; mismatches delay adjudication.
Item 8. U.S. SSN if ever issued. Most DACA renewers have an SSN issued via prior c.33 EAD; first-time filers typically do not.
- Most DACA renewers received an SSN through prior c.33 EAD; first-time filers usually do not have one yet.
- Do not type an ITIN here; an ITIN goes nowhere on the I-821D.
Item 9. Date of birth, drives the age-at-arrival eligibility calculation under the 2012 Napolitano memo (born on or after June 16, 1981, plus arrival before age 16).
- DACA's age-at-arrival rule (under 16 at first entry) and age-at-application rule (under 31 on June 15, 2012) both run off this date.
- Match the date on the birth certificate; a discrepancy with prior USCIS records triggers an RFE.
Item 10. Binary checkbox. Match most recent identity document.
- Match the most recent identity document; USCIS does not yet offer a non-binary option on the I-821D.
Item 11.a.
- Spell the city as on the birth certificate; alternative transliterations can trigger identity-verification questions.
Item 11.b. Country at the time of birth (use historical name if country has since renamed or split).
- Use the historical country name if the country has since renamed or split (e.g. USSR, Yugoslavia).
Item 12. Almost always United States for DACA filers. Other answer signals a possible continuous-residence break.
- Almost always United States; another answer signals possible broken continuous residence and should prompt legal aid review.
Item 13.
- List the country whose passport you currently hold; dual nationals list both, separated by a comma.
Item 14.
- Legal separation is still 'married'.
- Annulled is not 'single'.
Item 16. OMB Directive 15 category. Recordkeeping only; does not affect adjudication.
- OMB Directive 15 categories; recordkeeping only.
Item 17. Multi-select. Recordkeeping only.
- Select every option that applies; recordkeeping only, does not affect adjudication.
Item 18. Feet portion (whole number 0-8).
- Round to the nearest whole foot; the inches box absorbs the remainder.
Item 18. Inches portion (whole number 0-11).
- 12 or more inches belongs in the feet box.
Item 19. Whole-number pounds.
- Pounds, not kilograms; convert if needed (1 kg = 2.2 lb).
Item 20.
- Pick the closest USCIS option; this matches the EAD photo for identity verification.
Item 21.
- Pick the closest USCIS option; bald and gray are separate categories.
Part 2 item 1. Continuous-residence affirmation since June 15, 2007. Brief, casual, and innocent absences do not break continuous residence; longer or law-enforcement-triggered departures may. Marking No for an Initial request typically means the requestor is not eligible.
- Brief, casual, and innocent absences are allowed; substantial absences (months at a time) break continuous residence.
- Yes is required for DACA eligibility; No means the filer is not eligible.
Item 2.a. From-date for present address. To-date is preprinted as Present.
- Gaps between rows signal an incomplete history; renumber the rows so the timeline is continuous.
Item 2.b. Present-address street. Often matches mailing_street; can differ if the filer uses a P.O. Box for mail.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Item 2.c. Apt / Ste / Flr toggle.
- Pick the option that matches the building; leave blank if not applicable.
Item 2.c. Unit number.
- Leave blank when the address has no unit number.
Item 2.d.
- Spelling errors here can mis-route mail.
Item 2.e.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Item 2.f.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Part 2 item 3.a. Prior address 1 From date. Initial: list every address since initial entry. Renewal: only since prior approval.
- Gaps between rows signal an incomplete history; renumber the rows so the timeline is continuous.
Part 2 item 3.a. Prior address 1 To date.
- The most recent address row's To date should be Present (or matches the current move-in if you have moved).
Item 3.b.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Item 3.c.
- Pick the option that matches the building; leave blank if not applicable.
Item 3.c.
- Leave blank when the address has no unit number.
Item 3.d.
- Spelling errors here can mis-route mail.
Item 3.e.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Item 3.f. (form's typo'd field name Pt2_Line3f_ZipCode).
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Item 4.a.
- Gaps between rows signal an incomplete history; renumber the rows so the timeline is continuous.
Item 4.a.
- The most recent address row's To date should be Present (or matches the current move-in if you have moved).
Item 4.b.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Item 4.c.
- Pick the option that matches the building; leave blank if not applicable.
Item 4.c.
- Leave blank when the address has no unit number.
Item 4.d.
- Spelling errors here can mis-route mail.
Item 4.e.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Item 4.f.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Item 5.a.
- Gaps between rows signal an incomplete history; renumber the rows so the timeline is continuous.
Item 5.a.
- The most recent address row's To date should be Present (or matches the current move-in if you have moved).
Item 5.b.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Item 5.c.
- Pick the option that matches the building; leave blank if not applicable.
Item 5.c.
- Leave blank when the address has no unit number.
Item 5.d.
- Spelling errors here can mis-route mail.
Item 5.e.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Item 5.f.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Item 6.a. Departure 1 date. Initial: list every absence since June 15, 2007. Renewal: since last approval.
- List every departure since June 15, 2007 (Initial) or since the last DACA grant (Renewal); omitting brief trips is a common reason for RFE.
Item 6.b.
- Do not leave blank if you returned; an open-ended trip suggests broken continuous residence.
Item 6.c. Reason. Honest dates and a clear humanitarian or family reason help preserve the brief, casual, and innocent defense.
- Brief, casual, and innocent absences (funeral, family illness, short visit) preserve continuous residence; long or repeated trips can break it.
- Do not characterize a trip as 'work' or 'business' unless it actually was.
Item 7.a.
- List every departure since June 15, 2007 (Initial) or since the last DACA grant (Renewal); omitting brief trips is a common reason for RFE.
Item 7.b.
- Do not leave blank if you returned; an open-ended trip suggests broken continuous residence.
Item 7.c.
- Brief, casual, and innocent absences (funeral, family illness, short visit) preserve continuous residence; long or repeated trips can break it.
- Do not characterize a trip as 'work' or 'business' unless it actually was.
Item 8. Departures after August 15, 2012 without an Advance Parole document generally break continuous residence under the 2012 Napolitano memo and 2022 final rule. A Yes answer typically requires legal aid review before filing.
- Yes generally breaks continuous residence and disqualifies from DACA renewal absent unusual circumstances; legal aid review is recommended.
Item 9.a. Country issuing last passport.
- Use the country that issued the passport, not country of citizenship if those differ.
Item 9.b.
- List the most recent passport even if expired; USCIS uses it to confirm identity.
Item 9.c.
- List even if expired; an expired passport can still establish identity.
Item 10. Most DACA filers do not have one.
- Most DACA filers do not have one; leave blank.
Part 3 item 1. DACA's age-at-arrival rule. A No answer means the filer is not eligible for DACA.
- No means the filer fails the DACA age-at-arrival rule; this is a categorical eligibility bar for Initial requests.
Part 3 item 2. Best estimate of the date of first arrival establishing current continuous residence.
- This is the entry that began the current period of continuous residence; later trips and re-entries do not count if you maintained residence.
Part 3 item 3. City and state. Use the entry that began the current period of continuous residence.
- List the U.S. city, not the foreign departure city.
Part 3 item 4. Most DACA-eligible filers were out of status (no lawful status) on this date. Examples: 'No Lawful Status,' 'Status Expired,' 'Parole Expired.'
- Most DACA-eligible filers were out of status (no lawful status) on June 15, 2012; if you held a valid status that day you are not DACA-eligible.
Part 3 item 5.a. Most DACA filers entered without inspection and were never issued an I-94.
- Most DACA filers entered without inspection and were never issued an I-94; if so, mark No.
Part 3 item 5.b.
- Most DACA filers entered without inspection and were never issued an I-94; leave blank.
- Look up the number at i94.cbp.dhs.gov if you were inspected at a port of entry.
Part 3 item 5.c.
- The I-94 expiration date controls when authorized stay ended, not visa expiration.
Part 3 item 6. How the requestor meets the DACA education requirement (high school graduate, GED, currently in school, honorable military discharge).
- DACA requires meeting one of the four guidelines; current students must show enrollment in a program leading to a HS diploma, GED, or equivalent.
- Trade school enrollment alone does not satisfy the education guideline.
Part 3 item 7. School name plus city and state combined.
- For current students, use the school where currently enrolled; for graduates, use the school that issued the diploma.
Part 3 item 8.
- For current students, use the most recent attendance date; for graduates, use the diploma date.
Part 3 item 9.
- Honorable discharge is one of the four DACA education-guideline paths; flag in Part 8 if applicable.
Part 3 item 9.a.
- Reserves and National Guard count if there was an honorable discharge.
Part 3 item 9.b.
- Use the active-duty enlistment or commission date; not the recruiter contact date.
Part 3 item 9.c.
- Use the date on the DD-214; leave blank if currently serving.
Part 3 item 9.d. Honorable discharge separately satisfies the DACA education guideline.
- Only Honorable discharge satisfies the DACA education guideline; other discharges should still be reported truthfully.
Part 4 item 1. U.S. arrest, charge, or conviction (felony, misdemeanor, juvenile court). Excludes minor traffic unless alcohol- or drug-related. Yes requires certified court records for each incident. USCIS runs background checks and undisclosed arrests can lead to denial and enforcement referral.
- USCIS reads 'arrested' broadly to include charges that were dismissed or expunged; juvenile court counts.
- Yes requires certified court dispositions for every incident; missing dispositions trigger an RFE.
Part 4 item 2. Non-U.S. arrest or conviction. Translation per 8 CFR 103.2(b)(3) required for non-English records.
- Yes requires certified translated dispositions per 8 CFR 103.2(b)(3).
Part 4 item 3. Categorical bar to DACA. Yes requires legal aid review before filing.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 4. USCIS reads gang membership broadly. CBP / ICE gang databases can flag informal associations. Talk to counsel if any prior arrest involved a gang allegation.
- USCIS reads gang membership broadly; CBP / ICE gang databases can flag informal associations.
- Yes generally bars DACA; legal aid review is required before filing.
Part 4 item 5.a. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 5.b. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 5.c. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 5.d. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 6. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 4 item 7. Categorical bar.
- Yes is a categorical bar to DACA; legal aid review is required before filing.
Part 5 items 1.a / 1.b. Drives whether Part 6 interpreter block must be filled.
- Interpreter requires Part 6 to be filled; English leaves Part 6 blank.
Part 5 item 1.b language. Must match Part 6 interpreter certified language.
- Mismatch between Part 5 language and Part 6 certified language triggers an RFE.
Part 5 item 2.a. Wet-ink signature required at filing; the wizard pre-prints the typed name to position the wet signature.
- Typed name is not the signature; sign in black ink on the printed form.
- Match the spelling on Part 1 legal-name fields.
Part 5 item 2.b. Signature date should be close to the mailing date; USCIS may reject if older than ~60 days.
- USCIS may reject if the signature date is older than 30 days from postmark; sign close to the mailing date.
Part 5 item 3.
- USCIS may call to schedule biometrics; use a number you actually answer.
Part 5 item 4.
- Optional second phone; leave blank if same as daytime phone.
Part 5 item 5. USCIS sends online-account notifications and case-status emails here. Use a daily-checked address.
- Use a daily-checked email; USCIS sends online-account notifications and case-status emails here.
- Avoid shared family or work emails that change.
Part 6 item 1.a.
- Use the interpreter's legal name; leave blank if no interpreter was used.
Part 6 item 1.b.
- Match the interpreter's legal first name.
Part 6 item 2.
- Optional; leave blank for individual interpreters.
Part 6 item 3.a.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Part 6 item 3.b.
- Pick the option that matches the building; leave blank if not applicable.
Part 6 item 3.b.
- Leave blank when the address has no unit number.
Part 6 item 3.c.
- Spelling errors here can mis-route mail.
Part 6 item 3.d.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Part 6 item 3.e.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Part 6 item 3.f. (foreign address).
- U.S. addresses leave this blank.
Part 6 item 3.g.
- U.S. addresses leave this blank; the ZIP code goes in the zip box.
Part 6 item 3.h.
- Use the current country name; if the country changed names since birth, USCIS expects the historical name in the country-of-birth box but the current name elsewhere.
Part 6 item 4.
- A working number USCIS can reach if there are translation questions.
Part 6 item 5.
- Optional but recommended for follow-up.
Part 6 certification language. Must match Part 5 item 1.b language.
- Language mismatch between Part 5 and Part 6 triggers an RFE.
Part 6 item 6.a. Wet-ink signature required; wizard pre-prints the typed name.
- Wet-ink signature in black ink; typed name alone is not the signature.
Part 6 item 6.b.
- Should be within a few days of the applicant signature date.
Toggle for whether someone other than the requestor entered information on the form.
- Yes if anyone other than the requestor entered information on the form (legal aid worker, family member, friend); attorneys file a separate G-28 instead of using Part 7.
Part 7 item 1.a.
- Use the preparer's legal name; leave blank if requestor prepared the form alone.
Part 7 item 1.b.
- Match the preparer's legal first name.
Part 7 item 2.
- List the legal aid org or accredited rep organization name; leave blank for individual non-attorney preparers.
Part 7 item 3.a.
- P.O. boxes are not allowed for the present address but are acceptable for the mailing address.
Part 7 item 3.b.
- Pick the option that matches the building; leave blank if not applicable.
Part 7 item 3.b.
- Leave blank when the address has no unit number.
Part 7 item 3.c.
- Spelling errors here can mis-route mail.
Part 7 item 3.d.
- Use the postal abbreviation (CA, TX, NY); USCIS will not accept the full state name in this box.
Part 7 item 3.e.
- Confirm the ZIP matches the city; a wrong ZIP can route the I-797 receipt to the wrong USCIS service center mailing path.
Part 7 item 3.f.
- U.S. addresses leave this blank.
Part 7 item 3.g.
- U.S. addresses leave this blank; the ZIP code goes in the zip box.
Part 7 item 3.h.
- Use the current country name; if the country changed names since birth, USCIS expects the historical name in the country-of-birth box but the current name elsewhere.
Part 7 item 4.
- A working number USCIS can reach for clarification.
Part 7 item 5.
- Optional second phone for the preparer.
Part 7 item 6.
- Optional but recommended for follow-up.
Part 7 item 7.a. Wet-ink signature required.
- Wet-ink signature in black ink; typed name alone is not the signature.
Part 7 item 7.b.
- Should match or precede the applicant signature date.
Part 8 overflow row 3. Use only if a prior answer needed more space.
- Use only when a prior answer needed more space; leave blank otherwise.
Part 8 row 3.
- Match the Part of the original answer being continued.
Part 8 row 3.
- Match the item number being continued.
Part 8 row 3.
- Keep the narrative tied to the original Part / Item; do not introduce new topics.
Part 8 overflow row 4.
- Use only when a prior answer needed more space; leave blank otherwise.
Part 8 row 4.
- Match the Part of the original answer being continued.
Part 8 row 4.
- Match the item number being continued.
Part 8 row 4.
- Keep the narrative tied to the original Part / Item; do not introduce new topics.
Part 8 overflow row 5.
- Use only when a prior answer needed more space; leave blank otherwise.
Part 8 row 5.
- Match the Part of the original answer being continued.
Part 8 row 5.
- Match the item number being continued.
Part 8 row 5.
- Keep the narrative tied to the original Part / Item; do not introduce new topics.
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