DACA RENEWAL APPLICATION PACKET

FORMS I-821D, I-765, AND I-765WS

COMPREHENSIVE COVER LETTER, EVIDENCE CHECKLIST, AND PRACTITIONER GUIDE

TABLE OF CONTENTS

1. Case Summary and Filing Overview
2. Current Legal Status of DACA
3. DACA Renewal Eligibility Requirements
4. Filing Fees and Payment
5. Filing Timeline and Deadlines
6. Criminal History and Disqualifying Conduct Screening
7. Evidence Checklist
8. Filing Packet Assembly Order
9. Cover Letter
10. Filing Addresses
11. Processing Timeline and Post-Filing Steps
12. Advance Parole Considerations
13. Common Pitfalls and Practitioner Tips
14. Signature Block
15. Sources and References

1. CASE SUMMARY AND FILING OVERVIEW

Applicant Information:

Prior DACA History:

Filing Information:

Attorney/Representative Information:

2. CURRENT LEGAL STATUS OF DACA

Litigation History and Current Status (as of February 2026)

Key Developments:

• June 15, 2012: Secretary of Homeland Security Janet Napolitano issued the original DACA memorandum exercising prosecutorial discretion for eligible individuals who came to the United States as children.

• August 30, 2022: DHS published the DACA Final Rule (8 C.F.R. Parts 236 and 274a), codifying the DACA program in federal regulation.

• September 13, 2023: U.S. District Judge Andrew Hanen (S.D. Tex.) ruled the DACA Final Rule was unlawful, but continued to allow renewals for existing DACA recipients while the case was appealed.

• January 17, 2025: The U.S. Court of Appeals for the Fifth Circuit affirmed that the DACA Final Rule is unlawful but allowed the program's protections to continue for current recipients. The court held that the DACA Final Rule could be "severed," potentially allowing removal of work authorization separately from deferred action, and remanded to Judge Hanen for further proceedings.

• March 11, 2025: The Fifth Circuit limited its mandate to Texas, addressing severability of work authorization from deferred action.

Current Operational Status

☐ Renewals: USCIS continues to accept and process DACA renewal requests
☐ Initial Applications: USCIS accepts but does NOT process initial DACA requests at this time
☐ Employment Authorization: Current DACA recipients, including those in Texas, can continue to maintain DACA and work authorization and renew every two years
☐ Ongoing Litigation: The case remains in active litigation; practitioners should monitor for developments

CRITICAL WARNING: The legal status of DACA is subject to change at any time due to ongoing litigation and potential policy changes. Practitioners must verify the current status before advising clients and before filing renewals.

3. DACA RENEWAL ELIGIBILITY REQUIREMENTS

Statutory/Regulatory Eligibility (8 C.F.R. § 236.23)

To be eligible for DACA renewal, the applicant must demonstrate:

☐ Previously received DACA (and it has not been terminated by USCIS)
☐ Has not departed the United States on or after August 15, 2012, without advance parole
☐ Has continuously resided in the United States since submitting the most recent DACA request that was approved
☐ Has not been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors
☐ Does not otherwise pose a threat to national security or public safety

Continuous Residence Verification

Period to document: From the date of the last approved DACA request through the present filing date.

Any absences from the United States since last DACA approval?

☐ No absences
☐ Yes - with advance parole (provide details below)

WARNING: Any departure from the United States without advance parole after August 15, 2012, may result in DACA termination and ineligibility for renewal.

4. FILING FEES AND PAYMENT

Current Fee Schedule (as of February 2026)

Online Filing:

Paper Filing:

Fee Waiver Availability

☐ Fee waivers are generally NOT available for DACA renewal filings. Verify current USCIS policy at the time of filing, as this may change.

Payment Methods

☐ Credit, debit, or prepaid card (Form G-1450) - submit separate payment authorizations for each form
☐ ACH payment from U.S. bank account (Form G-1650)

Important: USCIS no longer accepts personal checks, business checks, money orders, or cashier's checks for paper filings as of October 28, 2025. Two separate payment forms are required (one for I-821D and one for I-765).

5. FILING TIMELINE AND DEADLINES

Recommended Filing Window

USCIS strongly encourages DACA recipients to submit renewal requests between 120 and 150 days (approximately 4 to 5 months) before the current EAD expiration date.

Timeline Calculation

Gap in EAD Coverage

If the renewal is not approved before the current EAD expires:

☐ The applicant must stop working on the EAD expiration date
☐ DACA status itself does not expire, only the EAD
☐ The applicant remains protected from removal while the renewal is pending (under current policy)
☐ Once the renewal is approved, the applicant may resume employment
☐ There is no automatic extension of EAD for DACA renewals (unlike some other EAD categories)

6. CRIMINAL HISTORY AND DISQUALIFYING CONDUCT SCREENING

Pre-Filing Criminal History Review

Before filing, conduct a thorough screening of the applicant's criminal history:

Has the applicant been arrested, charged, cited, or convicted since the last DACA approval?

☐ No
☐ Yes (complete the following)

Disqualifying Offenses Under 8 C.F.R. § 236.22(b)(6)

Felony Conviction:
☐ Any felony conviction disqualifies the applicant from DACA

Significant Misdemeanor Conviction (any one):
☐ Domestic violence
☐ Sexual abuse or exploitation
☐ Burglary
☐ Unlawful possession or use of a firearm
☐ Drug distribution or trafficking
☐ Driving under the influence (DUI/DWI)
☐ Any misdemeanor for which the individual was sentenced to more than 90 days in custody (excluding suspended sentences)

Non-Significant Misdemeanors:
☐ Three or more non-significant misdemeanor convictions disqualify the applicant
☐ Minor traffic offenses (no criminal penalty) do not count

Attorney Analysis of Criminal History

If the applicant has any criminal history, complete the following:

Does any arrest, charge, or conviction potentially disqualify the applicant? ☐ Yes ☐ No

If yes, is there a legal argument for why the applicant remains eligible?
[________________________________]
[________________________________]
[________________________________]

Should a legal memorandum regarding the criminal history be included in the filing? ☐ Yes ☐ No

7. EVIDENCE CHECKLIST

A. Required Forms

☐ Form I-821D, Consideration of Deferred Action for Childhood Arrivals (signed and dated)
☐ Form I-765, Application for Employment Authorization (signed and dated)
☐ Form I-765WS, Worksheet (completed)
☐ Form G-28, Notice of Entry of Appearance (if represented by attorney)
☐ Form G-1145, e-Notification of Application/Petition Acceptance (optional, recommended)

B. Fee Payment Documents

☐ Form G-1450 (Credit Card Authorization) for I-821D fee - $85
☐ Form G-1450 (Credit Card Authorization) for I-765 fee - $470 (online) / $520 (paper)
☐ OR Form G-1650 (ACH Authorization) for each form
☐ Total payment enclosed: $[____]

C. Identity Documents

☐ Copy of prior Employment Authorization Document (EAD) - front and back
☐ Copy of prior DACA approval notice(s) (I-797)
☐ Copy of passport or consular ID (if available and renewed since last filing)
☐ Copy of state-issued driver's license or ID card (if renewed since last filing)
☐ Two passport-style photographs per USCIS specifications

D. Prior DACA Approval Documentation

☐ Copy of most recent I-797 DACA approval notice
☐ Copy of most recent EAD (c)(33) - front and back
☐ Copies of all prior DACA approval notices (for complete record)
☐ Copy of most recent I-821D receipt notice (I-797C)

E. Continued Presence / Continuous Residence Evidence

Evidence should cover the period from the last DACA approval through the present filing date.

☐ School enrollment records, transcripts, or diplomas
☐ Employment records (pay stubs, W-2 forms, employment verification letters)
☐ Tax returns or IRS tax transcripts (federal and state)
☐ Lease agreements or mortgage statements
☐ Utility bills (electric, water, gas, internet) showing consistent address
☐ Bank statements showing regular activity at U.S. addresses
☐ Medical or dental records
☐ Insurance records (health, auto, renter's)
☐ Church or religious organization records
☐ Volunteer or community service records
☐ Correspondence from government agencies (state, local, federal)
☐ Vehicle registration or title documents
☐ Sworn affidavits from individuals with knowledge of continuous residence (if needed to fill gaps)

F. Criminal History Documentation (if applicable)

☐ Certified court dispositions for all arrests, charges, or citations
☐ Police reports (if available)
☐ Attorney memorandum explaining criminal history and continued eligibility
☐ Evidence of rehabilitation (certificates, letters, community service)
☐ Expungement or sealing orders (if applicable) - note: expunged records may still require disclosure to USCIS

G. Change of Address Documentation (if applicable)

☐ If the applicant has moved since the last filing, ensure USCIS has been notified (Form AR-11)
☐ Proof of current address
☐ Date address was changed with USCIS: [__/__/____]

H. Additional Documents

☐ Copy of any USCIS correspondence received since last filing
☐ Evidence of advance parole travel (if applicable)
☐ Name change documentation (if applicable - court order, marriage certificate)
☐ Updated photographs if appearance has changed significantly

8. FILING PACKET ASSEMBLY ORDER

Paper Filing Assembly

1. Form G-1145 (e-Notification request) - place on top
2. Payment Forms (two separate G-1450s or G-1650s - one for each form fee)
3. Form G-28 (Attorney appearance form, if represented)
4. Cover Letter (see Section 9)
5. Form I-821D (completed and signed)
6. Form I-765 (completed and signed)
7. Form I-765WS (completed)
8. Passport-Style Photographs (in a sealed envelope with applicant's name and A# on back of each photo)
9. Tab A - Prior DACA Documentation
   - Most recent I-797 approval notice
   - Most recent EAD (front and back copies)
   - Prior approval notices
10. Tab B - Identity Documents
    - Passport or consular ID copy
    - State-issued ID or driver's license copy
11. Tab C - Continuous Residence Evidence
    - Organized chronologically from last approval to present
    - Employment records
    - School records
    - Residential records
    - Tax documents
    - Financial records
12. Tab D - Criminal History Documentation (if applicable)
    - Certified dispositions
    - Attorney memorandum
    - Rehabilitation evidence
13. Tab E - Miscellaneous
    - Change of address documentation
    - Name change documentation
    - Any additional supporting documents

Online Filing

For online filing at https://myaccount.uscis.gov:

☐ Create or log into USCIS online account
☐ Complete Form I-821D online
☐ Complete Form I-765 online
☐ Complete Form I-765WS online
☐ Upload scanned copies of supporting documents
☐ Submit payment online ($555 total)
☐ Save and print confirmation receipt
☐ Upload Form G-28 if represented

9. COVER LETTER

[__/__/____]

USCIS
[________________________________]
[________________________________]
[________________________________]

Re: DACA Renewal - Forms I-821D, I-765, and I-765WS
Applicant: [________________________________]
A-Number: [________________________________]
Current EAD Expiration Date: [__/__/____]

Dear Sir or Madam:

Please find enclosed the DACA renewal application packet for the above-referenced applicant, consisting of Form I-821D, Form I-765, and Form I-765WS, together with supporting documentation.

Renewal Summary:

The applicant was most recently approved for DACA on [__/__/____], with an Employment Authorization Document (EAD) expiring on [__/__/____]. This renewal request is filed approximately [____] days before the current EAD expiration, within the recommended 120-150 day filing window.

Continued Eligibility:

The applicant confirms the following:

1. Continuous Residence: The applicant has continuously resided in the United States since the last approved DACA request. Evidence of continuous residence is enclosed.

2. No Unauthorized Departures: The applicant has not departed the United States without advance parole since August 15, 2012. [If there were advance parole trips, describe here: ________________________________]

3. No Disqualifying Criminal History: The applicant has not been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors. [If there is any criminal history, address it here with reference to the enclosed attorney memorandum: ________________________________]

4. No Threat to Public Safety or National Security: The applicant does not pose a threat to national security or public safety.

Enclosed Documentation:

Please direct all correspondence to the undersigned at the address below. A Form G-28 is enclosed.

Respectfully submitted,

_________________________________________
[________________________________]
Attorney for Applicant
[________________________________]
[________________________________]
Tel: [________________________________]
Email: [________________________________]

10. FILING ADDRESSES

Online Filing (Recommended)

File online at https://myaccount.uscis.gov

Online filing provides:
- $50 savings on the I-765 fee
- Faster receipt processing
- Ability to track case status in real time
- Secure document upload

Paper Filing by Mail

IMPORTANT: Verify the current filing address at https://www.uscis.gov/i-821d immediately before mailing. Lockbox addresses change periodically.

For U.S. Postal Service (USPS) delivery:
USCIS
[________________________________]
[________________________________]

For FedEx, UPS, or DHL delivery:
USCIS
[________________________________]
[________________________________]

Practitioner Note: Use a delivery service with tracking capability. Retain the tracking number and delivery confirmation. Do not use the same envelope for multiple applicants' filings.

11. PROCESSING TIMELINE AND POST-FILING STEPS

Estimated Processing Times

Post-Filing Checklist

☐ Confirm delivery of the application (check tracking number)
☐ Receive and review I-797C receipt notice (confirm name, A#, address)
☐ Monitor case status at https://egov.uscis.gov/casestatus
☐ Attend biometrics appointment if scheduled (bring appointment notice and photo ID)
☐ If biometrics reuse notice received, no appointment needed
☐ Respond promptly to any Request for Evidence (RFE)
☐ Upon approval, receive new I-797 approval notice and EAD card
☐ Verify accuracy of new EAD card upon receipt
☐ Present new EAD to employer for I-9 re-verification

If EAD Expires Before Renewal Is Approved

☐ The applicant must stop working on the day the current EAD expires
☐ Inform the employer that the applicant's work authorization has expired and is pending renewal
☐ The applicant may not work until the new EAD is received
☐ There is currently no automatic EAD extension for DACA (c)(33) category
☐ Contact USCIS if processing exceeds normal timeframes (consider expedite request or congressional inquiry)

12. ADVANCE PAROLE CONSIDERATIONS

Current Status of Advance Parole for DACA Recipients

Note: The availability of advance parole for DACA recipients has varied over time and is subject to policy changes. Verify the current policy before advising clients.

General Rules

• DACA recipients may not travel outside the United States without advance parole
• Departure without advance parole terminates DACA and renders the recipient ineligible for renewal
• Even with advance parole, travel involves significant risk, particularly given the current litigation environment
• Advance parole for DACA recipients, when available, is generally granted only for humanitarian, educational, or employment purposes

Risk Assessment for Advance Parole Travel

☐ Has the applicant previously entered the United States without inspection (EWI)?
☐ Has the applicant accrued unlawful presence?
☐ Does the applicant have any prior removal orders?
☐ Does the applicant have any criminal history?
☐ Is the applicant aware that CBP retains discretion to deny re-entry at the port of entry?

WARNING: Travel under advance parole while DACA litigation is ongoing carries heightened risk. If advance parole is revoked or the program changes while the applicant is abroad, re-entry may be denied. Advise clients of this risk in writing and obtain written acknowledgment.

13. COMMON PITFALLS AND PRACTITIONER TIPS

Filing Pitfalls

1. Filing too late. The most common and most damaging mistake. File within the 120-150 day window. Late filing risks a gap in work authorization with no automatic extension.

2. Incorrect payment amount or method. Ensure the correct total is submitted ($555 online / $605 paper). Submit two separate payment authorizations. USCIS will reject filings with incorrect fees.

3. Missing forms. All three forms (I-821D, I-765, I-765WS) must be filed together. A missing form will result in rejection.

4. Using outdated form editions. Always download the most current version of each form from the USCIS website immediately before preparing the filing. USCIS rejects filings on outdated form editions.

5. Wrong filing address. Verify the current lockbox address on the USCIS website. Addresses change periodically. Using a wrong address causes significant delays.

6. Inconsistent information. Ensure the applicant's name, A-number, date of birth, and address are identical across all three forms and consistent with prior filings.

Substantive Pitfalls

7. Failing to disclose criminal history. All arrests, charges, citations, and convictions must be disclosed, even if dismissed, expunged, or juvenile. Non-disclosure is a separate basis for denial and may constitute fraud.

8. Unauthorized travel. Any departure without advance parole after August 15, 2012, is disqualifying. Verify travel history carefully during intake.

9. Change of address not reported. DACA recipients must report address changes to USCIS using Form AR-11 within 10 days. Failure to do so can result in missed notices and potential issues.

10. Expired status or prior termination. Verify that the applicant's DACA has not been previously terminated. USCIS may terminate DACA for various reasons, including criminal activity, fraud, or national security concerns.

Practitioner Tips

11. Calendar the filing window early. When a DACA renewal is approved, immediately calendar the 120-150 day filing window before the new EAD expiration date.

12. Keep complete copies. Make copies of the entire filing packet before mailing. This is essential if the filing is lost, rejected, or if an RFE is issued.

13. Use certified mail or tracked delivery. Always use a delivery method with tracking. Retain proof of delivery.

14. Monitor case status actively. Check case status online weekly. If no receipt is received within 30 days, contact USCIS.

15. Screen for other immigration relief. DACA does not provide a path to permanent residency. At every renewal, screen the client for potential eligibility for other forms of immigration relief (e.g., U visa, VAWA, Special Immigrant Juvenile Status, employer sponsorship through a qualifying entry).

16. Advise on tax compliance. DACA recipients should file tax returns annually. Tax compliance supports future immigration applications and demonstrates good moral character.

17. Document continuous residence thoroughly. Even though renewals do not require the extensive evidence of an initial filing, maintaining a thorough record of continuous residence protects the client in case of an audit or RFE.

18. Stay current on litigation. DACA's legal status changes frequently. Subscribe to USCIS alerts, court docket notifications, and immigration law organization updates (AILA, NILC, CLINIC).

14. SIGNATURE BLOCK

Attorney/Representative Declaration

I, [________________________________], hereby certify that I have reviewed this DACA renewal filing packet and that the information contained herein is true and correct to the best of my knowledge. I have conducted a thorough screening of the applicant's eligibility, including criminal history, travel history, and continuous residence, and believe the applicant is eligible for DACA renewal under current law and policy.

_________________________________________
Attorney/Representative Signature

_________________________________________
Printed Name

_________________________________________
Date

Applicant Declaration

I, [________________________________], declare under penalty of perjury under the laws of the United States that the information I have provided in the enclosed Forms I-821D, I-765, and I-765WS is complete, true, and correct. I understand that any false statements may result in the denial of my DACA request and may subject me to criminal penalties.

I further understand that DACA does not provide lawful immigration status and does not provide a path to permanent residency or citizenship.

_________________________________________
Applicant Signature

_________________________________________
Printed Name

_________________________________________
Date

15. SOURCES AND REFERENCES

Executive Authority

• Secretary of Homeland Security Memorandum, "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" (June 15, 2012)
• Secretary of Homeland Security Memorandum, "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents" (November 20, 2014)

Regulatory Authorities

• 8 C.F.R. § 236.21 (Applicability)
• 8 C.F.R. § 236.22 (Eligibility)
• 8 C.F.R. § 236.23 (Renewal)
• DACA Final Rule, 87 Fed. Reg. 53,152 (August 30, 2022)

Key Court Decisions

• Texas v. United States, No. 1:18-cv-00068 (S.D. Tex.) - District court proceedings
• Texas v. United States, No. 18-40621 (5th Cir. Jan. 17, 2025) - Fifth Circuit decision on DACA Final Rule

USCIS Resources

• Form I-821D and Instructions: https://www.uscis.gov/i-821d
• Form I-765 and Instructions: https://www.uscis.gov/i-765
• USCIS DACA Information Page: https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca
• USCIS Fee Calculator: https://www.uscis.gov/feecalculator
• Case Status Online: https://egov.uscis.gov/casestatus
• USCIS Processing Times: https://egov.uscis.gov/processing-times/

Advocacy and Legal Resources

• National Immigration Law Center (NILC): https://www.nilc.org
• United We Dream: https://unitedwedream.org
• American Immigration Lawyers Association (AILA): https://www.aila.org

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. DACA is a discretionary program subject to ongoing litigation, and its continued availability is not guaranteed. Filing fees, form editions, filing addresses, and eligibility requirements may change at any time. The legal landscape surrounding DACA is evolving rapidly, and practitioners must verify the current status of DACA, including any new court orders or policy changes, before advising clients or filing renewal applications. This template does not substitute for the professional judgment of a qualified immigration attorney.

Template prepared for use on ezel.ai platform. Last updated: 2026-02-27.