TABLE OF CONTENTS

2 Program Overview

4 DACA “How Do I” Guide

7 Initial vs Renewal DACA Tip Sheet

8 Frequently Asked Questions by Topic

 8 What is DACA?

 9 DACA Process

 12 Background Checks

 13 After USCIS Makes a Decision

 14 Initial Requests for DACA

 20 Renewal of DACA

 21 Travel

 23 Criminal Convictions

 25 Miscellaneous

27 DACA Process Infographic Flyer

28 Avoid Immigration Scams Flyer

29 List of Federal Government resources pertaining to DACA
2 Deferred Action for Childhood Arrivals

PROGRAM OVERVIEW

Background

• USCIS began accepting requests under the Deferred 

Action for Childhood Arrivals (DACA) program on 

August 15, 2012. The DACA process was created 

by the Secretary of Homeland Security to offer 

relief from removal (in 2-year increments) for 

undocumented immigrants who came to the 

United States as children and who met several 

key criteria. DACA is an exercise of prosecutorial 

discretion and does not provide lawful status. 

• The first USCIS-approved DACA grants were issued 

in September 2012. The initial 2-year duration will 

begin to expire for certain individuals in September 

2014. Those individuals will be able to request 

consideration for renewal of DACA for a 2-year 

period. 

• Some individuals were granted DACA by U.S. 

Immigration and Customs Enforcement (ICE) 

between June 15, 2012, and August 15, 2012. In 

February 2014, USCIS provided guidance to these 

individuals on the process they should follow to 

request DACA renewals.

• USCIS has updated Form I-821D [dated 6/4/14] 

to allow individuals to request a 2-year renewal 

of DACA. The initial 2-year duration expired for 

certain individuals in September 2014. Those 

individuals were able to request consideration for 

renewal of DACA.

• Individuals who have not yet requested 

consideration for DACA must also use the new 

Form I-821D. 

• In addition to the new Form I-821D, all individuals 

must also submit a Form I-765, Application 

for Employment Authorization (along with the 

accompanying fees for that form), and a Form 

I-765WS, Worksheet, when requesting either initial 

DACA or renewal of DACA.

• Individuals who allow their initial 2-year period 

of DACA to expire and do not seek renewal will 

no longer be considered to be lawfully present for 

inadmissibility purposes and will no longer be 

authorized to work legally in the United States. To 

ensure that their deferred action does not lapse, 

USCIS recommends that current DACA recipients 

submit Forms I-821D, I-765, and I-765 Worksheet 

approximately 120 days (4 months) before their 

2-year period of deferred action expires. However, 

USCIS may reject DACA requests received earlier 

than 150 days (5 months) before an individual’s 

2-year period of deferred action expires. 

• For more information on requesting DACA, 

please visit our Web site at www.uscis.gov/

childhoodarrivals or call our National Customer 

Service Center at (800) 375-5283. 

Renewal DACA Requests

• An individual may be considered for renewal of 

DACA if he or she met the guidelines for initial 

DACA and he or she: 

– Did not depart the United States on or after 

June 15, 2007, without advance parole; 

– Has continuously resided in the United States 

since he or she submitted his or her most 

recent DACA request that was approved up 

until the present time; and

– Has not been convicted of a felony, a significant 

misdemeanor, or three or more misdemeanors, 

and does not otherwise pose a threat to 

national security or public safety.

• Requests for renewal should be submitted to USCIS 

no less than 120 days, and no more than 150 days 

prior to the expiration of the current period of 

deferred action.
(DACA) Toolkit 3

Initial DACA Requests

• USCIS will also continue to accept initial requests 

for DACA. An individual may be considered for 

initial DACA if he or she: 

– Was under the age of 31 as of June 15, 2012; 

– Came to the United States before reaching his 

or her 16th birthday; 

– Has continuously resided in the United States 

since June 15, 2007, up to the present time; 

– Was physically present in the United States on 

June 15, 2012, and at the time of making his 

or her request for consideration of deferred 

action with USCIS; 

– Had no lawful status on June 15, 2012.

NOTE:

 No lawful status on June 15, 2012, means that:

 u You never had a lawful immigration 

 status on or before June 15, 2012; or

	 	 u Any lawful immigration status or parole 

 that you obtained prior to June 15, 2012, 

 had expired as of June 15, 2012.

– Is currently in school, has graduated or 

obtained a certificate of completion from 

high school, has obtained a General Education 

Development (GED) certificate, or is an 

honorably discharged veteran of the Coast 

Guard or U.S. Armed Forces; and

– Has not been convicted of a felony, 

significant misdemeanor, three or more other 

misdemeanors, and does not otherwise pose a 

threat to national security or public safety; 

• Individuals who were younger than 15 when 

DACA was first announced and are not in removal 

proceedings or have a final order may request 

DACA from USCIS any time after they have reached 

their 15th birthday. Individuals who are in removal 

proceedings or who have a final order may request 

DACA from USCIS even if they are younger than 15 

at the time of filing. 

Submitting a Request for 

Consideration of DACA 

• USCIS has updated Form I-821D [dated 6/4/14] to 

allow individuals to request renewal of DACA for an 

additional 2-year period. Previous versions of the 

form will not be accepted after June 5, 2014.

• There will be no grace period for individuals to 

submit a previous version of Form I-821D to 

request a renewal of their deferred action.

• There is no fee for Form I-821D. The fee for Form 

I-765 and the required biometrics is $465. 

Avoiding Immigration Scams

• Please be aware of immigration scams. 

Unauthorized practitioners of immigration law may 

try to take advantage of individuals by charging 

them money to obtain or submit forms related to 

DACA or communicate with USCIS on their behalf. 

Visit www.uscis.gov/avoidscams or www.uscis.

gov/eviteestafas for tips on how to find authorized 

legal assistance and how to recognize and avoid 

immigration services scams. 

• Protect yourself from immigration scams. Official 

U.S. Government Web sites should be your main 

source of information on DACA and immigration 

services. Go to www.uscis.gov to learn more.

• If you need legal immigration advice, be sure to use 

an authorized professional. This means an attorney 

in good standing or a Board of Immigration 

Appeals (BIA) accredited representative. Check the 

BIA Web site for a list of attorneys who provide 

immigration services for low to no cost and for 

a list of disciplined attorneys. You can also check 

the American Bar Association or your State bar 

association for legal services in your State.

• If you are a victim of an immigration scam, 

report it to the Federal Trade Commission at 

www.ftc.gov/complaint or www.ftc.gov/queja

or by calling (877) FTC-HELP ((877) 372-4357). 
General

information F5

How do I request consideration 

of deferred action for 

childhood arrivals (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 key guidelines may request consideration of deferred 

action for a period of 2 years, subject to renewal. Those granted 

deferred action are also eligible for work authorization.

Only individuals who can prove through verifiable documentation 

that they meet these guidelines will be considered for deferred 

action. Determinations will be made on a case-by-case basis under 

the guidelines in the Secretary’s memorandum.

How do I know if I may request consideration of deferred 

action for childhood arrivals?

You may request consideration 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 with USCIS;

5. Had no lawful status on June 15, 2012, which means that:

 –You never had a lawful immigration status on or before 

 June 15, 2012; or

 –Any lawful status or parole that you obtained prior to 

 June 15, 2012, had expired as of 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 

U.S. Armed Forces; 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. 

How do I request consideration of deferred action for 

childhood arrivals?

You must submit Form I-821D, Consideration of Deferred Action 

for Childhood Arrivals. This form must be completed, properly 

signed, and accompanied by a Form I-765, Application for 

Employment Authorization, and a Form I-765WS, Form 

I-765 Worksheet. Failure to submit a completed Form I-765, 

accompanied by the correct fees, will disqualify you from 

consideration for deferred action. While there is no filing fee 

for Form I-821D, you must submit the $380 filing fee and $85 

biometric services fee for Form I-765, for a total fee of $465. 

Please read the form instructions to ensure that you submit 

all the required documentation to support your request. See 

www.uscis.gov/I-821D and www.uscis.gov/I-765 for 

complete filing instructions. See www.uscis.gov/childhoodarrivals for additional information on the deferred action for 

childhood arrivals process.

Please Note: Once you receive a receipt confirming that your 

request is properly filed, you will be sent an appointment notice 

to visit an Application Support Center for biometric services 

(photograph and fingerprints). Please make sure you read and 

follow the directions in the notice. Failure to attend your biometrics 

appointment may delay processing or result in a denial of your 

request.

Where do I file my request for consideration of deferred 

action for childhood arrivals?

Requests for consideration of deferred action for childhood 

arrivals will be filed by mail to the USCIS Lockbox. Please 

visit www.uscis.gov/I-821D or contact the USCIS National 

Customer Service Center at (800) 375-5283 for the most current 

information and instructions on where to mail your request.

What evidence should I submit with my initial request for 

consideration of deferred action for childhood arrivals?

For initial requests, the evidence should show that you meet the 

guidelines outlined above in “How do I know if I may request 

consideration of deferred action for childhood arrivals?” This 

includes evidence that you:

F5—General information...How do I request consideration of deferred action for childhood arrivals?

M-1079B (June 2014) N
1. Were born after June 15, 1981;

2. Arrived in the United States before the age of 16;

3. Have continuously resided in the United States since 

June 15, 2007, up to the present time;

4. Were present in the United States on June 15, 2012;

5. Had no lawful status on June 15, 2012;

6. Are currently in school, have graduated or received a 

certificate of completion from high school, obtained a 

 General Educational Development (GED) certificate, or 

are an honorably discharged veteran of the Coast Guard 

or U.S. Armed Forces; and

7. Are at least 15 years of age at the time of filing if you 

have never been in removal proceedings or if your case was 

terminated before you submit your request for consideration 

of deferred action for childhood arrivals.

For information about specific documents that may satisfy these 

guidelines, please read the instructions to Form I-821D at 

www.uscis.gov/I-821D and the frequently asked questions 

at www.uscis.gov/childhoodarrivals. 

Does this process apply to me if I am currently in removal 

proceedings, have a final removal order, or have a 

voluntary departure order?

Yes. This process is open to any individuals who can demonstrate 

that they meet the guidelines, including those who have never 

been in removal proceedings as well as those in removal 

proceedings, with a final order, or with a voluntary departure 

order (as long as they are not in immigration detention). If you 

are not in immigration detention and want to affirmatively request 

consideration of deferred action, you must submit your request to 

USCIS. You do not need to be 15 years of age or older at the time 

of filing if you are in removal proceedings, have a final removal 

order, or have a voluntary departure order. All cases will be 

considered on an individual basis.

Submit a copy of the removal order or any document issued by 

the immigration judge or the final decision from the Board of 

Immigration Appeals, if available. This requirement applies only 

to people who have been in removal proceedings.

Do brief departures affect my ability to satisfy the 

contin-uous residence in the United States since 

June 15, 2007, guideline? 

A brief, casual, and innocent absence from the United States 

will not interrupt your continuous residence. Any absence will 

be considered brief, casual, and innocent if it occurred before 

August 15, 2012, and was:

1. Short and reasonably calculated to accomplish the purpose 

for the absence;

2. Not because of an order of exclusion, deportation, or 

removal;

3. Not because of an order of voluntary departure, or an 

administrative grant of voluntary departure before you were 

placed in exclusion, deportation, or removal proceedings; and

4. The purpose of the absence and/or your actions while 

outside the United States were not contrary to law.

Any unauthorized travel outside of the United States on or after 

August 15, 2012, will interrupt your period of continuous residence 

and you will not be considered for deferred action under this 

process.

For information about specific documents that may show 

your absence was brief, casual, and innocent, please read the 

instructions at www.uscis.gov/I-821D and the frequently asked 

questions at www.uscis.gov/childhoodarrivals.

Will USCIS conduct a background check when reviewing 

my request for consideration of deferred action for 

childhood arrivals? 

Yes. You must undergo background checks before USCIS will 

exercise prosecutorial discretion. You will not be considered for 

deferred action for childhood arrivals, unless there are exceptional 

circumstances, if you have been convicted of: 

• Any felony; 

• A significant misdemeanor offense; 

• Three or more misdemeanor offenses (not occurring on the 

same date and not arising out of the same act, omission or 

scheme of misconduct); or

• You otherwise pose a threat to national security or public safety.

What happens after I submit my request for consideration 

of deferred action for childhood arrivals?

After receiving your Form I-821D, Form I-765, and Form I-765WS, 

USCIS will review them for completeness, including the required 

fees, initial evidence, and signatures. If the request is complete, 

USCIS will send you a receipt notice. USCIS will then send you 

a notice scheduling you to visit an Application Support Center 

for fingerprinting and photographing. You may 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. Please see www.uscis.gov/

G-1145 for instructions.

Each request for consideration of deferred action for childhood 

arrivals will be reviewed on an individual, case-by-case basis. You 

will be notified of USCIS’ determination in writing. USCIS may 

request more information or evidence, or may request that you 

appear at a USCIS office. There is no appeal or motion to reopen/

reconsider the denial of a request for consideration of deferred 

action for childhood arrivals.

Can I renew the period for which removal action will be 

deferred in my case? 

Yes. You may request consideration of renewal of your deferred 

action for childhood arrivals. Your request for a renewal will be 

considered on a case-by-case basis. If USCIS renews its exercise 

of discretion under deferred action for childhood arrivals for your 

case, you will receive deferred action for another 2 years, and if 

you demonstrate an economic necessity for employment you may 

receive employment authorization throughout that period.

How do I know if I may request a renewal of my deferred 

action for childhood arrivals?

You may request consideration of renewal of deferred action for 

childhood arrivals if you met the guidelines for initial deferred 

action for childhood arrivals (see above) and you:

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M-1079B (June 2014) N
3. 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.

Requests for renewal should be submitted to USCIS around 120 

days (but no more than 150 days) before the expiration of the 

current period of deferred action. To request renewal of your 

deferred action for childhood arrivals, submit Form I-821D, Form 

I-765, and Form I-765WS along with the $380 filing fee for the 

Form I-765 and a $85 biometric services fee, for a total of $465. 

You do not need to provide any additional documents at the time 

you request renewal of deferred action for childhood arrivals

unless you have new documents related to removal proceedings 

or criminal history that you did not submit to USCIS in a previously 

approved deferred action for childhood arrivals request.

If USCIS does not exercise deferred action in my case, will 

I be placed in removal proceedings?

If your request for consideration of deferred action for childhood 

arrivals is denied, 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 (NTA). If your case 

does not involve a criminal offense, fraud, or a threat to national 

security or public safety, your case will not be referred to ICE for 

removal proceedings except in exceptional circumstances. For more 

detailed information, visit www.uscis.gov/nta.

Does this process result in lawful status for people who 

receive deferred action for childhood arrivals?

No. Deferred action under this process is only a discretionary 

determination to defer removal action. It is an act of prosecutorial 

discretion and does not provide you with a lawful status.

What protections are in place to protect the information 

I share in my request from being used for immigration 

enforcement purposes?

The information you provide in your request is protected from 

disclosure to U.S. Immigration and Customs Enforcement (ICE) 

and U.S. Customs and Border Protection (CBP) for the purpose of 

immigration enforcement proceedings unless you meet the criteria 

for the issuance of a Notice to Appear or a referral to ICE under 

the criteria explained in USCIS’ Notice to Appear guidance at 

www.uscis.gov/nta. Individuals whose cases are deferred under 

the consideration of deferred action for childhood arrivals process 

will not be referred to ICE.

The information may be shared with national security and law 

enforcement agencies, including ICE and CBP, for purposes other 

than removal. These other purposes could include: for assistance 

in the consideration of deferred action for childhood arrivals, 

to identify or prevent fraudulent claims, for national security 

purposes, or for the investigation or prosecution of a criminal 

offense. This information-sharing clause covers family members 

and guardians, in addition to the person requesting deferred 

action.

This policy may be modified, superseded, or rescinded at any 

time without notice. It is not intended to, does not, and may 

not be relied upon to create any right or benefit, substantive or 

procedural, enforceable at law by any party in any administrative, 

civil, or criminal matter.

Key Information

Key USCIS forms referenced 

in this guide

Form #

Consideration of Deferred Action for 

Childhood Arrivals

I-821D

Application for Employment Authorization I-765

I-765 Worksheet I-765WS

E-Notification of Application/Petition 

Acceptance

G-1145

Key USCIS Web sites 

referenced in this guide

Web site link

Information about Deferred Action 

for Childhood Arrivals process and 

frequently asked questions

www.uscis.gov/

childhoodarrivals

Consideration of Deferred Action 

for Childhood 

Arrivals Form

www.uscis.gov/

I-821D

Application for Employment 

Authorization

www.uscis.gov/

I-765

E-Notification of Application/

Petition Acceptance Form

www.uscis.gov/

G-1145

USCIS Notice to Appear Policy www.uscis.gov/

NTA

Other U.S. Government Services-Click or Call

General Information www.usa.gov

New Immigrants www.welcometoUSA.gov

U.S. Immigration & 

Customs Enforcement 

www.ice.gov

For more copies of this guide, or information about other customer 

guides, please visit www.uscis.gov/howdoi. 

You can also visit www.uscis.gov to download forms, e-file some 

applications, check the status of an application, and more. It’s a 

great place to start!

If you don’t have Internet access at home or work, try your local 

library. 

If you cannot find what you need, please call 

Customer Service at: (800) 375-5283

TDD for hearing-impaired: (800) 767-1833.

Disclaimer: This guide provides basic information 

to help you become generally familiar with our 

rules and procedures. For more information, or 

the law and regulations, please visit our Web 

site. Immigration law can be complex, and it is 

impossible to describe every aspect of every 

process. You may wish to be represented by 

a licensed attorney or by a nonprofit agency 

recognized by the Board of Immigration Appeals. 

F5—General information...How do I request consideration of deferred action for childhood arrivals?

M-1079B (June 2014) N
Initial DACA

Guidelines

How to

Request 

When to File 

Renewal DACA

You may request consideration of initial DACA if you: 

• Were under the age of 31 as of June 15, 2012; 

• Came to the United States before reaching your 16th birthday; 

• Have continuously resided in the United States since June 15, 

2007, up to the present time; 

• 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; 

• Had no lawful immigration status on June 15, 2012; 

• Are currently in school, have graduated or obtained a 

certificate of completion from high school, have obtained 

a general education development (GED) certificate (or 

other State-authorized exam in the United States), or are an 

honorably discharged veteran of the Coast Guard or Armed 

Forces of the United States; and 

• Have not been convicted of a felony, significant misdemeanor, 

three or more other misdemeanors, and do not otherwise 

pose a threat to national security or public safety.

• Complete and sign:

q Form I-821D, Consideration of Deferred Action 

 for Childhood Arrivals;

q Form I-765, Application for Employment 

 Authorization; and

q Form I-765W, Worksheet. 

• Submit all three forms, the $465 filing and biometrics fee 

and any required documentation to USCIS following the 

instructions on the forms. 

You can file a request for initial DACA at any time.

• Complete and sign:

q Form I-821D, Consideration of Deferred Action 

for Childhood Arrivals;

q Form I-765, Application for Employment 

Authorization; and

q Form I-765W, Worksheet. 

q Submit all three forms and the $465 filing and 

biometrics fee and any required documentation 

to USCIS following the instructions on the forms. 

q Do not provide any additional documents at the 

time you request renewal of DACA unless you 

have new documents pertaining to removal 

proceedings or criminal history that you have 

not already submitted to USCIS in a previously 

approved DACA request. 

USCIS encourages you to submit your request for renewal 

approximately 120 days (or four months) prior to the expiration 

of your current period of deferred action. However, if you file 

your renewal request more than 150 days (or 5 months) prior to 

the expiration of your current period of deferred action, USCIS 

may reject your submission and return it to you with instructions 

to resubmit your request closer to the expiration date.

You may request consideration of renewal DACA if you met the 

guidelines for initial DACA and you: 

• Did not depart the United States on or after August Aw15, 

2012, without advance parole; 

• Have continuously resided in the United States since you 

submitted your most recent request for DACA that was 

approved up to the present time; 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.

M-555B (June 2014) N

PED.DACA.0514_TipSheet

Deferred Action for Childhood Arrivals (DACA) Tip Sheet

At a Glance: Initial vs. Renewal DACA Process
8 Deferred Action for Childhood Arrivals

FREQUENTLY ASKED QUESTIONS

WHAT IS DEFERRED ACTION FOR CHILDHOOD ARRIVALS?

Over the past several years, this Administration has 

undertaken an unprecedented effort to transform the 

immigration enforcement system into one that focuses 

on national security, public safety, border security, and 

the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus 

its enforcement resources on the removal of individuals 

who pose a danger to national security or a risk to 

public safety, DHS will exercise prosecutorial discretion 

as appropriate to ensure that enforcement resources are 

not expended on low priority cases, such as individuals 

who came to the United States as children and meet 

other key guidelines. Individuals who demonstrate that 

they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) 

for a period of 2 years, subject to renewal for a period 

of 2 years, and may be eligible for employment authorization.

You may request consideration of 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, meaning 

that:

– You never had a lawful immigration status on 

 or before June 15, 2012, or

– Any lawful immigration status or parole that 

 you obtained prior to June 15, 2012, had 

 expired as of June 15, 2012.

6. Are currently in school, have graduated or 

obtained a certificate of completion from high 

school, have obtained a General Educational 

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, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to 

national security or public safety.

Individuals can call U.S. Citizenship and Immigration 

Services (USCIS) at 1-800-375-5283 with questions 

or to request more information on DACA. Those with 

pending requests can also use a number of online selfhelp tools which include the ability to check case status 

and processing times, change your address, and send 

an inquiry about a case pending longer than posted 

processing times or non-delivery of a card or document.

What is Deferred Action?

Deferred action is a discretionary determination to defer 

a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility 

based upon unlawful presence, an individual whose 

case has been deferred is not considered to be unlawfully present during the period in which deferred action 

is in effect. An individual who has received deferred 

action is authorized by DHS to be present in the 

United States, and is therefore considered by DHS to be 

lawfully present during the period deferred action is in 

effect. However, deferred action does not confer lawful 

status upon an individual, nor does it excuse any 

previous or subsequent periods of unlawful presence.

Under existing regulations, an individual whose 

case has been deferred is eligible to receive employment authorization for the period of deferred action, 

provided he or she can demonstrate “an economic 

necessity for employment.” DHS can terminate or renew 

deferred action at any time, at the agency’s discretion.
(DACA) Toolkit 9

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 key guidelines may 

request consideration of deferred action for a period of 

2 years, subject to renewal, and would then be eligible 

for work authorization.

Individuals who can demonstrate through verifiable 

documentation that they meet these guidelines will be 

considered for deferred action. Determinations will be 

made on a case-by-case basis under the DACA guidelines.

Is there any difference between “deferred action” 

and DACA under this process?

DACA is one form of deferred action. The relief an 

individual receives under DACA is identical for immigration purposes to the relief obtained by any person 

who receives deferred action as an act of prosecutorial 

discretion.

If my removal is deferred under the consideration of 

DACA, am I eligible for employment authorization?

YES. Under existing regulations, if your case is 

deferred, you may obtain employment authorization 

from USCIS provided you can demonstrate an economic 

necessity for employment.

If my case is deferred, am I in lawful status for 

the period of deferral?

NO. Although action on your case has been deferred 

and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, 

deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence 

does not change whether you are in lawful status while 

you remain in the United States. However, although 

deferred action does not confer a lawful immigration 

status, your period of stay is authorized by the Department of Homeland Security while your deferred action 

is in effect and, for admissibility purposes, you are 

considered to be lawfully present in the United States 

during that time. Individuals granted deferred action 

are not precluded by Federal law from establishing 

domicile in the United States.

Apart from the immigration laws, “lawful presence,” 

“lawful status,” and similar terms are used in various 

other Federal and State laws. For information on how 

those laws affect individuals who receive a favorable 

exercise of prosecutorial discretion under DACA, please 

contact the appropriate Federal, State, or local authorities.

Can I renew my period of deferred action and 

employment authorization under DACA?

YES. You may request consideration for a renewal of 

your DACA. Your request for a renewal will be considered on a case-by-case basis. If USCIS renews its exercise of discretion under DACA for your case, you will 

receive deferred action for another 2 years, and if you 

demonstrate an economic necessity for employment, 

you may receive employment authorization throughout 

that period.

DACA PROCESS

How do I request consideration of DACA?

To request consideration of DACA (either as an initial 

request or to request a renewal), you must submit 

Form I-821D, Consideration of Deferred Action for 

Childhood Arrivals, to USCIS. Please visit www.uscis.

gov/i-821d before you begin the process to make 

sure you are using the most current version of the 

form available. This form must be completed, properly 

signed, and accompanied by a Form I-765, Application for Employment Authorization, and a Form 

I-765WS, Worksheet, establishing your economic 

need for employment. If you fail to submit a completed 

Form I-765 (along with the accompanying filing fees 

for that form, totaling $465), USCIS will not consider 

your request for deferred action. Please read the form 

instructions to ensure that you answer the appropriate 

questions (determined by whether you are submitting an initial or renewal request) and that you submit 

all the required documentation to support your initial 

request.

You must file your request for consideration of DACA 

at the USCIS Lockbox. You can find the mailing address 

and instructions at www.uscis.gov/i-821d. As of 

June 5, 2014, requestors must use the new version of 
10 Deferred Action for Childhood Arrivals

the form. After your Form I-821D, Form I-765, and 

Form I-765 Worksheet have been received, USCIS will 

review them for completeness, including submission of 

the required fee, initial evidence and supporting documents (for initial filings).

If it is determined that the request is complete, USCIS 

will send you a receipt notice. USCIS will then send you 

an appointment notice to visit an Application Support 

Center (ASC) for biometric services, if an appointment 

is required. Please make sure you read and follow the 

directions in the notice. Failure to attend your biometrics appointment may delay processing of your request 

for consideration of deferred action, or may result in a 

denial of 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.

Each request for consideration of DACA will be 

reviewed on an individual, case-by-case basis. USCIS 

may request more information or evidence from you, 

or request that you appear at a USCIS office. USCIS will 

notify you of its determination in writing.

Note: All individuals who believe they meet the guidelines, including those 

in removal proceedings, with a final removal order, or with a voluntary 

departure order (and not in immigration detention), may affirmatively 

request consideration of DACA from USCIS through this process. Individuals who are currently in immigration detention and believe they meet the 

guidelines may not request consideration of deferred action from USCIS 

but may identify themselves to their deportation officer or Jail Liaison. 

You may also contact the ICE Field Office Director. For more information 

visit ICE’s Web site at www.ice.gov/daca.

Can I obtain a fee waiver or fee exemption for this 

process?

There are no fee waivers available for employment 

authorization applications connected to DACA. There 

are very limited fee exemptions available. Requests for 

fee exemptions must be filed and favorably adjudicated 

before an individual files his or her request for consideration of DACA 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.

You can find additional information on our Fee 

Exemption Guidance Web page. Your request must 

be submitted and decided before you submit a request 

for consideration of DACA without a fee. In order to 

be considered for a fee exemption, you must provide 

documentary evidence to demonstrate that you meet 

any of the above conditions at the time that you make 

the request. For evidence, USCIS will:

• Accept affidavits from community-based or 

religious organizations to establish a requestor’s 

homelessness or lack of parental or other familial 

financial support;

• Accept copies of tax returns, bank Statements, pay 

stubs, or other reliable evidence of income level. 

Evidence can also include 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;

• Accept copies of medical records, insurance 

records, bank Statements, or other reliable 

evidence of unreimbursed medical expenses of at 

least $10,000;

• Address factual questions through Requests for 

Evidence (RFEs).
(DACA) Toolkit 11

If individuals meet the guidelines for consideration 

of DACA and are encountered by U.S. Customs 

and Border Protection (CBP) or U.S. Immigration 

and Customs Enforcement (ICE), will they be 

placed into removal proceedings?

DACA is intended, in part, to allow CBP and ICE to 

focus on priority cases. Under the direction of the 

Secretary of Homeland Security, if an individual meets 

the guidelines for DACA, CBP or ICE should exercise 

their discretion on a case-by-case basis to prevent 

qualifying individuals from being apprehended, placed 

into removal proceedings, or removed. If individuals 

believe that, in light of this policy, they should not have 

been apprehended or placed into removal proceedings, 

contact the Law Enforcement Support Center’s hotline at 

(855) 448-6903 (staffed 24 hours a day, 7 days a week).

Does this process apply to me if I am currently in 

removal proceedings, have a final removal order, 

or have a voluntary departure order?

This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, 

including those who have never been in removal 

proceedings as well as those in removal proceedings, 

with a final order, or with a voluntary departure order 

(as long as they are not in immigration detention).

If I am not in removal proceedings but believe I 

meet the guidelines for consideration of DACA, 

should I seek to place myself into removal 

proceedings through encounters with CBP or ICE?

NO. If you are not in removal proceedings but believe 

that you meet the guidelines, you should submit your 

DACA request to USCIS under the process outlined below.

Can I request consideration of DACA from USCIS 

if I am in immigration detention under the custody 

of ICE?

NO. If you are currently in immigration detention, you 

may not request consideration of DACA from USCIS. If 

you think you may meet the guidelines of this process, 

you should identify yourself to your deportation officer 

or Jail Liaison. You may also contact the ICE Field Office 

Director. For more information, visit ICE’s Web site at 

www.ice.gov/daca.

If I am about to be removed by ICE and believe 

that I meet the guidelines for consideration of 

DACA, what steps should I take to seek review of 

my case before removal?

If you believe you can demonstrate that you meet the 

guidelines and are about to be removed, you should 

immediately contact the Law Enforcement Support 

Center’s hotline at (855) 448-6903 (staffed 24 hours 

a day, 7 days a week).

What should I do if I meet the guidelines of this 

process and have been issued an ICE detainer 

following an arrest by a State or local law enforcement officer?

If you meet the guidelines and have been served 

a detainer, you should immediately contact the 

Law Enforcement Support Center’s hotline at 

(855) 448-6903 (staffed 24 hours a day, 7 days a week).

If I accepted an offer of administrative closure 

under the case-by-case review process or my case 

was terminated as part of the case-by-case review 

process, can I be considered for deferred action 

under this process?

YES. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA 

even if you have accepted an offer of administrative 

closure or termination under the case-by-case review 

process.

If I declined an offer of administrative closure 

under the case-by-case review process, can I be 

considered for deferred action under this process?

YES. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA 

even if you declined an offer of administrative closure 

under the case-by-case review process.
12 Deferred Action for Childhood Arrivals

If my case was reviewed as part of the case-bycase review process but I was not offered 

administrative closure, can I be considered for 

deferred action under this process?

YES. If you can demonstrate that you meet the guidelines, you will be able to request consideration of DACA 

even if you were not offered administrative closure 

following review of your case as part of the case-bycase review process.

Can I request consideration of DACA under this 

process if I am currently in a nonimmigrant status 

(e.g., F-1, E-2, H-4) or have Temporary Protected 

Status (TPS)?

NO. You can only request consideration of DACA under 

this process if you currently have no immigration status 

and were not in any lawful status on June 15, 2012.

Will the information I share in my request for 

consideration of DACA be used for immigration 

enforcement purposes?

Information provided in this request is protected from 

disclosure to ICE and CBP for the purpose of immigration enforcement proceedings unless the requestor 

meets the criteria for the issuance of a Notice to Appear 

or a referral to ICE under the criteria set forth in USCIS’ 

Notice to Appear guidance (www.uscis.gov/NTA). 

Individuals whose cases are deferred pursuant to DACA 

will not be referred to ICE. The information may be 

shared with national security and law enforcement 

agencies, including ICE and CBP, for purposes other 

than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, 

for national security purposes, or for the investigation or prosecution of a criminal offense. The above 

information sharing policy covers family members and 

guardians, in addition to the requestor. This policy, 

which may be modified, superseded, or rescinded 

at any time without notice, is not intended to, does 

not, and may not be relied upon to create any right or 

benefit, substantive or procedural, enforceable by law 

by any party in any administrative, civil, or criminal 

matter.

If my case is referred to ICE for immigration 

enforcement purposes or if I receive an NTA, will 

information related to my family members and 

guardians also be referred to ICE for immigration 

enforcement purposes?

If your case is referred to ICE for purposes of immigration enforcement or you receive an NTA, information 

related to your family members or guardians that is 

contained in your request will not be referred to ICE for 

purposes of immigration enforcement against family 

members or guardians. However, that information may 

be shared with national security and law enforcement 

agencies, including ICE and CBP, for purposes other 

than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, 

for national security purposes, or for the investigation 

or prosecution of a criminal offense.

This policy, which may be modified, superseded, or 

rescinded at any time without notice, is not intended to, 

does not, and may not be relied upon to create any right 

or benefit, substantive or procedural, enforceable at law by 

any party in any administrative, civil, or criminal matter.

Will USCIS verify documents or Statements that I 

provide in support of a request for DACA?

USCIS has the authority to verify documents, facts, and 

Statements that are provided in support of requests for 

DACA. USCIS may contact education institutions, other 

government agencies, employers, or other entities in 

order to verify information. 

BACKGROUND CHECKS

Will USCIS conduct a background check when 

reviewing my request for consideration of DACA?

YES. You must undergo biographic and biometric background checks before USCIS will consider your DACA 

request.

What do background checks involve?

Background checks involve checking biographic and 

biometric information provided by the individuals 

against a variety of databases maintained by DHS and 

other Federal Government agencies.
(DACA) Toolkit 13

What steps will USCIS and ICE take if I engage in 

fraud through the new process?

If you knowingly make a misrepresentation or knowingly fail to disclose facts, in an effort to obtain DACA 

or work authorization through this process, you will 

be treated as an immigration enforcement priority 

to the fullest extent permitted by law and be subject 

to criminal prosecution and/or removal from the 

United States.

AFTER USCIS MAKES A DECISION

Can I appeal USCIS’ determination?

NO. You cannot file a motion to reopen or reconsider, 

and cannot appeal the decision if USCIS denies your 

request for consideration of DACA.

You may request a review of your I-821D denial by 

contacting USCIS’ Call Centers at (800) 375-5283 to 

have a Service Request created if you believe that you 

actually did meet all of the DACA guidelines and you 

believe that your request was denied due to one of the 

following errors:

• Denied the request based on abandonment, when 

you actually responded to an RFE or NOID within 

the prescribed time; 

• Mailed the RFE or NOID to the wrong address 

although you had submitted a Form AR-11, 

Change of Address, or changed your address 

online at www.uscis.gov before USCIS issued the 

RFE or NOID; 

• Denied the request on the grounds that you did 

not come to the United States prior to your 16th 

birthday, but the evidence submitted at the time 

of filing shows that you did arrive before reaching 

that age; 

• Denied the request on the grounds that you 

were under age 15 at the time of filing but not 

in removal proceedings, while the evidence 

submitted at the time of filing show that you 

indeed were in removal proceedings when the 

request was filed; 

• Denied the request on the grounds that you were 

31 or older as of June 15, 2012, but the evidence 

submitted at the time of filing shows that you 

were not yet 31 years old as of that date; 

• Denied the request on the grounds that you had 

lawful status on June 15, 2012, but the evidence 

submitted at the time of filing shows that you 

indeed were in an unlawful immigration status on 

that date; 

• Denied the request on the grounds that you were 

not physically present in the United States on 

June 15, 2012, and up through the date of filing, 

but the evidence submitted at the time of filing

shows that you were, in fact, present; 

• Denied the request due to your failure to appear 

at a USCIS ASC to have your biometrics collected, 

when you in fact either did appear at a USCIS ASC 

to have this done or requested prior to the scheduled date of your biometrics appointment to have 

the appointment rescheduled; or 

• Denied the request because you did not pay the 

filing fees for Form I-765, Application for Employment Authorization, when you actually did pay 

these fees.

If you believe your request was denied due to any 

of these administrative errors, you may contact our 

National Customer Service Center at (800) 375-5283 

or (800) 767-1833 (TDD for the hearing impaired). 

Customer service officers are available Monday – Friday, 

8 a.m. – 6 p.m, in each U.S. time zone.

If USCIS does not exercise deferred action in my 

case, will I be placed in removal proceedings?

If you have submitted a request for consideration of 

DACA and USCIS decides not to defer action in your 

case, USCIS will apply its policy guidance governing the 

referral of cases to ICE and the issuance of a Notice to 

Appear (NTA). If your case does not involve a criminal 

offense, fraud, or a threat to national security or public 

safety, your case will not be referred to ICE for purposes 

of removal proceedings except where DHS determines 

there are exceptional circumstances. For more detailed 

information on the applicable NTA policy, visit 
14 Deferred Action for Childhood Arrivals

www.uscis.gov/NTA. If after a review of the totality 

of circumstances USCIS determines to defer action in 

your case, USCIS will likewise exercise its discretion 

and will not issue you an NTA.

Can my deferred action under the DACA process 

be terminated before it expires? 

YES. DACA is an exercise of prosecutorial discretion 

and deferred action may be terminated at any time, 

with or without a Notice of Intent to Terminate, at 

DHS’s discretion. 

INITIAL REQUESTS FOR DACA

What guidelines must I meet to be considered for 

deferred action for childhood arrivals (DACA)?

Under the Secretary of Homeland Security’s June 15, 

2012 memorandum, in order to be considered for 

DACA, you must submit evidence, including supporting 

documents, showing that 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 Educational 

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, three or more other misdemeanors, and do not otherwise pose a threat to 

national security or public safety.

These guidelines must be met for consideration of 

DACA. U.S. Citizenship and Immigration Services 

(USCIS) retains the ultimate discretion to determine 

whether deferred action is appropriate in any given case 

even if the guidelines are met.

How old must I be in order to be considered for 

deferred action under this process?

• If you have never been in removal proceedings, 

or your proceedings have been terminated before 

your request for consideration of DACA, you must 

be at least 15 years of age or older at the time of 

filing and meet the other guidelines.

• If you are in removal proceedings, have a final 

removal order, or have a voluntary departure 

order, and are not in immigration detention, you 

can request consideration of DACA even if you are 

under the age of 15 at the time of filing and meet 

the other guidelines.

• In all instances, you cannot be the age of 31 or 

older as of June 15, 2012, to be considered for 

DACA.

I first came to the United States before I turned 

16 years old and have been continuously residing 

in the United States since at least June 15, 

2007. Before I turned 16 years old, however, I 

left the United States for some period of time 

before returning and beginning my current period 

of continuous residence. May I be considered for 

deferred action under this process?

YES, but only if you established residence in the United 

States during the period before you turned 16 years 

old, as evidenced, for example, by records showing you 

attended school or worked in the United States during 

that time, or that you lived in the United States for 

multiple years during that time. In addition to establishing that you initially resided in the United States 

before you turned 16 years old, you must also have 

maintained continuous residence in the United States 

from June 15, 2007, until the present time to be considered for deferred action under this process.
(DACA) Toolkit 15

To prove my continuous residence in the United 

States since June 15, 2007, must I provide 

evidence documenting my presence for every 

day, or every month, of that period?

To meet the continuous residence guideline, you must 

submit documentation that shows you have been living 

in the United States from June 15, 2007, up until the 

time of your request. You should provide documentation to account for as much of the period as reasonably 

possible, but there is no requirement that every day 

or month of that period be specifically accounted for 

through direct evidence.

It is helpful to USCIS if you can submit evidence of your 

residence during at least each year of the period. USCIS 

will review the documentation in its totality to determine whether it is more likely than not that you were 

continuously residing in the United States for the period 

since June 15, 2007. Gaps in the documentation as to 

certain periods may raise doubts as to your continued 

residence if, for example, the gaps are lengthy or the 

record otherwise indicates that you may have been 

outside the United States for a period of time that was 

not brief, casual, or innocent.

If gaps in your documentation raise questions, USCIS 

may issue a Request for Evidence to allow you to submit 

additional documentation that supports your claimed 

continuous residence.

Affidavits may be submitted to explain a gap in the 

documentation demonstrating that you meet the fiveyear continuous residence requirement. If you submit 

affidavits related to the continuous residence requirement, you must submit two or more affidavits, sworn 

to or affirmed by people other than yourself who have 

direct personal knowledge of the events and circumstances during the period as to which there is a gap 

in the documentation. Affidavits may only be used to 

explain gaps in your continuous residence; they cannot 

be used as evidence that you meet the entire 5-year 

continuous residence requirement.

Does “currently in school” refer to the date on 

which the request for consideration of deferred 

action is filed?

To be considered “currently in school” under the 

guidelines, you must be enrolled in school on the date 

you submit a request for consideration of deferred 

action under this process.

Who is considered to be “currently in school” 

under the guidelines?

To be considered “currently in school” under the 

guidelines, you must be enrolled in:

• A public, private, or charter elementary school, 

junior high or middle school, high school, 

secondary school, alternative program, or homeschool program meeting State requirements;

• An education, literacy, or career training program 

(including vocational training) that has a purpose 

of improving literacy, mathematics, or English or 

is designed to lead to placement in postsecondary 

education, job training, or employment and 

where you are working toward such placement; 

or

• An education program assisting students either 

in obtaining a regular high school diploma or its 

recognized equivalent under State law (including 

a certificate of completion, certificate of attendance, or alternate award), or in passing a GED 

exam or other State-authorized exam (e.g., HiSet 

or TASC) in the United States.

These education, literacy, career training programs 

(including vocational training), or education programs 

assisting students in obtaining a regular high school 

diploma or its recognized equivalent under State law, 

or in passing a GED exam or other State-authorized 

exam in the United States include but are not limited 

to programs funded, in whole or in part, by Federal, 

State, county or municipal grants or administered by 

nonprofit organizations. Programs funded by other 

sources may qualify if they are administered by 

providers of demonstrated effectiveness, such as institutions of higher education, including community 

colleges and certain community-based organizations.
16 Deferred Action for Childhood Arrivals

In assessing whether such programs not funded in 

whole or in part by Federal, State, county, or municipal 

grants or administered by nonprofit organizations are 

of demonstrated effectiveness, USCIS will consider the 

duration of the program’s existence; the program’s track 

record in assisting students in obtaining a regular high 

school diploma or its recognized equivalent, in passing 

a GED or other State-authorized exam (e.g., HiSet or 

TASC), or in placing students in postsecondary education, job training, or employment; and other indicators 

of the program’s overall quality. For individuals seeking 

to demonstrate that they are “currently in school” 

through enrollment in such a program, the burden is 

on the requestor to show the program’s demonstrated 

effectiveness.

How do I establish that I am currently in school?

Documentation sufficient for you to demonstrate that 

you are currently in school may include but is not 

limited to:

• Evidence that you are enrolled in a public, private, 

or charter elementary school, junior high or 

middle school, high school or secondary school; 

alternative program, or homeschool program 

meeting State requirements; or

• Evidence that you are enrolled in an education, 

literacy, or career training program (including 

vocational training) that:

– Has a purpose of improving literacy, mathematics, or English or is designed to lead to 

placement in postsecondary education, job 

training, or employment and where you are 

working toward such placement; and

– The program is funded in whole or in part by 

Federal or State grants or is of demonstrated 

effectiveness; or evidence that you are enrolled 

in an education program assisting students in 

obtaining a high school equivalency diploma 

or certificate recognized under State law (such 

as by passing a GED exam or other such Stateauthorized exam (for example, HiSet or TASC), 

and that the program is funded in whole or 

in part by Federal, State, county or municipal 

grants or are administered by nonprofit organizations or, if funded by other sources is of 

demonstrated effectiveness.

Such evidence of enrollment may include: acceptance 

letters, school registration cards, letters from a school or 

program, transcripts, report cards, or progress reports 

which may show the name of the school or program, 

date of enrollment, and current educational or grade 

level, if relevant.

What documentation may be sufficient to demonstrate that I have graduated from high school?

Documentation sufficient for you to demonstrate that 

you have graduated from high school may include but 

is not limited to: a high school diploma from a public 

or private high school or secondary school, certificate 

of completion, certificate of attendance, or alternate 

award from a public or private high school or secondary 

school, or a recognized equivalent of a high school 

diploma under State law, or a GED certificate or certificate from passing another such State-authorized exam 

(e.g., HiSet or TASC) in the United States.

What documentation may be sufficient to 

demonstrate that I have obtained a GED certificate or certificate from passing another such 

State-authorized exam (e.g., HiSet or TASC)?

Documentation may include but is not limited to, 

evidence that you have passed a GED exam or other 

State-authorized exam (e.g., HiSet or TASC), and, as 

a result, have received the recognized equivalent of a 

regular high school diploma under State law.

If I am enrolled in a literacy or career training 

program, can I meet the guidelines?

YES, in certain circumstances. You may meet the 

guidelines if you are enrolled in an education, literacy, 

or career training program that has a purpose of 

improving literacy, mathematics, or English or is 

designed to lead to placement in postsecondary education, job training, or employment and where you 

are working toward such placement. Such programs 

include but are not limited to programs funded, in 

whole or in part by Federal, State, county or municipal 
(DACA) Toolkit 17

grants, or are administered by nonprofit organizations, 

or, if funded by other sources, programs of demonstrated effectiveness.

If I am enrolled in an English as a Second 

Language (ESL) program, can I meet the 

guidelines?

YES, in certain circumstances. Enrollment in an ESL 

program may be used to meet the guidelines if the 

ESL program is funded in whole or in part by Federal, 

State, county or municipal grants, or administered by 

nonprofit organizations, or, if funded by other sources, 

is a program of demonstrated effectiveness. You must 

submit direct documentary evidence that the program 

is funded in whole or part by Federal, State, county, or 

municipal grants, administered by a nonprofit organization, or of demonstrated effectiveness.

Will USCIS consider evidence other than that 

listed in Chart #1 to show that I have met the 

education guidelines?

NO. Evidence not listed in Chart #1 on the following 

page will not be accepted to establish that you are 

currently in school, have graduated or obtained a certificate of completion from high school, or have obtained 

a GED or passed another State-authorized exam (e.g., 

HiSet or TASC). You must submit any of the documentary evidence listed in Chart #1 to show that you meet 

the education guidelines.

Will USCIS consider evidence other than that 

listed in Chart #1 to show that I have met certain 

initial guidelines?

Evidence other than those documents listed in Chart #1 

may be used to establish the following guidelines and 

factual showings if available documentary evidence is 

insufficient or lacking and shows that:

• You were physically present in the United States 

on June 15, 2012;

• You came to the United States before reaching 

your 16th birthday;

• You satisfy the continuous residence requirement, as long as you present direct evidence of 

your continued residence in the United States for 

a portion of the required period and the circumstantial evidence is used only to fill in gaps in the 

length of continuous residence demonstrated by 

the direct evidence; and

• Any travel outside the United States during the 

period of required continuous presence was brief, 

casual, and innocent.

However, USCIS will not accept evidence other than 

the documents listed in Chart #1 as proof of any of the 

following guidelines to demonstrate that you:

• Were under the age of 31 on June 15, 2012; and

• Are currently in school, have graduated or 

obtained a certificate of completion from high 

school, have obtained a GED certificate, or are an 

honorably discharged veteran of the Coast Guard 

or Armed Forces of the United States.

For example, even if you do not have documentary 

proof of your presence in the United States on June 15, 

2012, you may still be able to satisfy the guidelines. 

You may do so by submitting credible documentary 

evidence that you were present in the United States 

shortly before and shortly after June 15, 2012, which, 

under the facts presented, may give rise to an inference 

of your presence on June 15, 2012 as well. However, 

evidence other than that listed in Chart #1 will not 

be accepted to establish that you have graduated high 

school. You must submit the designated documentary 

evidence to satisfy that you meet this guideline.

CHART #1: on the next page, provides examples of 

documentation you may submit to demonstrate you 

meet the initial guidelines for consideration of deferred 

action under this process. Please see the instructions 

of Form I-821D, Consideration of Deferred Action for 

Childhood Arrivals, for additional details of acceptable 

documentation.
18 Deferred Action for Childhood Arrivals

 CHART #1: EXAMPLES OF DOCUMENTS TO SUBMIT TO DEMONSTRATE YOU MEET THE GUIDELINES 

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 U.S. • Passport with admission stamp

before your 16th birthday • 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

• Rent receipts or utility bills

• 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 presence in U.S. • Rent receipts or utility bills

on June 15, 2012 • Employment records (pay stubs, W-2 Forms, etc.)

• School records (letters, report cards, etc.)

• Military records (Form DD-214 or NGB Form 22)

Proof you continuously resided in • Official records from a religious entity confirming participation in a religious ceremony

U.S. since June 15, 2007 • Copies of money order receipts for money sent in or out of the country

• Passport entries

• Birth certificates of children born in the United States

• Dated bank transactions

• Automobile license receipts or registration

• Deeds, mortgages, rental agreement contracts

• Tax receipts, insurance policies

Proof of your education status • School records (transcripts, report cards, etc.) from the school that you are currently 

at the time of requesting attending in the United States showing the name(s) of the school(s) and periods of school

consideration of DACA attendance and the current of requesting consideration of DACA educational or grade level

• U.S. high school diploma, certificate of completion, or other alternate award

• High school equivalency diploma or certificate recognized under State law

• Evidence that you passed a State-authorized exam, including the GED or other Stateauthorized exam (for example, HiSet or TASC) in the United States

Proof you are an honorably • Form DD-214, Certificate of Release or Discharge from Active Duty

discharged veteran of the • NGB Form 22, National Guard Report of Separation and Record of Service

U.S. Armed Forces or the • Military personnel records

U.S. Coast Guard • Military health records
(DACA) Toolkit 19

May I file affidavits as proof that I meet the initial 

guidelines for consideration of DACA?

Affidavits generally will not be sufficient on their own 

to demonstrate that you meet the guidelines for USCIS 

to consider you for DACA. However, affidavits may be 

used to support meeting the following guidelines only 

if the documentary evidence available to you is insufficient or lacking:

• Demonstrating that you meet the 5-year continuous residence requirement; and

• Establishing that departures during the required 

period of continuous residence were brief, casual, 

and innocent.

If you submit affidavits related to the above criteria, 

you must submit two or more affidavits, sworn to or 

affirmed by people other than yourself, who have direct 

personal knowledge of the events and circumstances. 

Should USCIS determine that the affidavits are insufficient to overcome the unavailability or the lack of documentary evidence with respect to either of these guidelines, it will issue a Request for Evidence indicating that 

further evidence must be submitted to demonstrate that 

you meet these guidelines.

USCIS will not accept affidavits as proof of satisfying 

the following guidelines:

• You are currently in school, have graduated or 

obtained a certificate of completion or other 

alternate award from high school, have obtained 

a high school equivalency diploma or certificate 

(such as by passing the GED exam or other Stateauthorized exam [for example, HiSet or TASC]), 

or are an honorably discharged veteran from the 

Coast Guard or Armed Forces of the United States;

• You were physically present in the United States 

on June 15, 2012;

• You came to the United States before reaching 

your 16th birthday;

• You were under the age of 31 on June 15, 2012; 

and

• Your criminal history, if applicable.

If the only evidence you submit to demonstrate you 

meet any of the above guidelines is an affidavit, USCIS 

will issue a Request for Evidence indicating that you 

have not demonstrated that you meet these guidelines 

and that you must do so in order to demonstrate that 

you meet that guideline.

Will I be considered to be in unlawful status if I 

had an application for asylum or cancellation of 

removal pending before either USCIS or the 

Executive Office for Immigration Review (EOIR) 

on June 15, 2012?

YES. If you had an application for asylum or cancellation of removal, or similar relief, pending before either 

USCIS or EOIR as of June 15, 2012, but had no lawful 

status, you may request consideration of DACA.

I was admitted for “duration of status” or for 

a period of time that extended past June 14, 

2012, but violated my immigration status (e.g., by 

engaging in unauthorized employment, failing to 

report to my employer, or failing to pursue a full 

course of study) before June 15, 2012. May I be 

considered for deferred action under this process?

NO, unless the Executive Office for Immigration 

Review terminated your status by issuing a final order 

of removal against you before June 15, 2012.

I was admitted for “duration of status” or for a 

period of time that extended past June 14, 2012, 

but “aged out” of my dependent nonimmigrant 

status as of June 15, 2012. May I be considered 

for deferred action under this process?

YES. For purposes of satisfying the “had no lawful 

status on June 15, 2012,” guideline alone, if you were 

admitted for “duration of status” or for a period of time 

that extended past June 14, 2012, but “aged out” of your 

dependent nonimmigrant status on or before June 15, 

2012 (meaning you turned 21 years old on or before 

June 15, 2012), you may be considered for deferred 

action under this process.
20 Deferred Action for Childhood Arrivals

I was admitted for “duration of status” but my 

status in SEVIS is listed as terminated on or 

before June 15, 2012. May I be considered for 

deferred action under this process?

YES. For the purposes of satisfying the “had no lawful 

status on June 15, 2012,” guideline alone, if your status 

as of June 15, 2012, is listed as “terminated” in SEVIS, 

you may be considered for deferred action under this 

process.

I am a Canadian citizen who was inspected by 

CBP but was not issued an I-94 at the time of 

admission. May I be considered for deferred 

action under this process?

In general, a Canadian citizen who was admitted as 

a visitor for business or pleasure and not issued an 

I-94, Arrival/Departure Record, (also known as a 

“non-controlled” Canadian nonimmigrant) is lawfully 

admitted for a period of 6 months. For that reason, 

unless there is evidence, including verifiable evidence 

provided by the individual, that he or she was specifically advised that his or her admission would be for a 

different length of time, the Department of Homeland 

Security (DHS) will consider, for DACA purposes only, 

that the alien was lawfully admitted for a period of 

6 months. Therefore, if DHS is able to verify from its 

records that your last non-controlled entry occurred on 

or before Dec. 14, 2011, DHS will consider your nonimmigrant visitor status to have expired as of June 15, 

2012, and you may be considered for deferred action 

under this process.

I used my Border Crossing Card (BCC) to obtain 

admission to the United States and was not 

issued an I-94 at the time of admission. May I be 

considered for deferred action under this process?

Because the limitations on entry for a BCC holder vary 

based on location of admission and travel, DHS will 

assume that the BCC holder who was not provided 

an I-94 was admitted for the longest period legally 

possible—30 days—unless the individual can demonstrate, through verifiable evidence, that he or she was 

specifically advised that his or her admission would be 

for a different length of time. Accordingly, if DHS is 

able to verify from its records that your last admission 

was using a BCC, you were not issued an I-94 at the 

time of admission, and it occurred on or before May 

14, 2012, DHS will consider your nonimmigrant visitor 

status to have expired as of June 15, 2012, and you may 

be considered for deferred action under this process.

Do I accrue unlawful presence if I have a pending 

initial request for consideration of DACA?

You will continue to accrue unlawful presence while 

the request for consideration of DACA is pending unless 

you are under 18 years of age at the time of the request. 

If you are under 18 years of age at the time you submit 

your request, you will not accrue unlawful presence 

while the request is pending, even if you turn 18 while 

your request is pending with USCIS. If action on your 

case is deferred, you will not accrue unlawful presence 

during the period of deferred action. However, having 

action deferred on your case will not excuse previously 

accrued unlawful presence.

RENEWAL OF DACA

When should I file my renewal request with U.S. 

Citizenship and Immigration Services (USCIS)? 

USCIS encourages you to submit your request for 

renewal approximately 120 days (or 4 months) before 

your current period of deferred action under the 

Deferred Action for Childhood Arrivals (DACA) process 

expires. If you have filed approximately 120 days before 

your deferred action and Employment Authorization 

Document (EAD) expire and USCIS is unexpectedly 

delayed in processing your renewal request, USCIS may 

provide deferred action and employment authorization 

for a short period of time until your renewal is adjudicated. However, if you file your renewal request more 

than 150 days prior to the expiration of your current 

period of deferred action, USCIS may reject your 

submission and return it to you with instructions to 

resubmit your request closer to the expiration date.
(DACA) Toolkit 21

How will USCIS evaluate my request for renewal 

of DACA?

You may be considered for renewal of DACA if you met 

the guidelines for consideration of Initial DACA (see 

above) AND you:

1. Did not depart the United States on or after 

Aug. 15, 2012, without advance parole;

2. Have continuously resided in the United States 

since you submitted your most recent request for 

DACA that was approved up to the present time; 

and

3. 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.

These guidelines must be met for consideration of 

DACA renewal. USCIS retains the ultimate discretion to 

determine whether deferred action is appropriate in any 

given case even if the guidelines are met.

Do I accrue unlawful presence if I am seeking 

renewal and my previous period of DACA expires 

before I receive a renewal of deferred action under 

DACA? Similarly, what would happen to my work 

authorization?

YES, if your previous period of DACA expires before 

you receive a renewal of deferred action under DACA, 

you will accrue unlawful presence for any time 

between the periods of deferred action unless you 

are under 18 years of age at the time you submit your 

renewal request.

Similarly, if your previous period of DACA expires 

before you receive a renewal of deferred action under 

DACA, you will not be authorized to work in the 

United States regardless of your age at time of filing 

until and unless you receive a new employment authorization document from USCIS.

However, if you have filed your renewal request with 

USCIS approximately 120 days before your deferred 

action and EAD expire and USCIS is unexpectedly 

delayed in processing your renewal request, USCIS may 

provide deferred action and employment authorization 

for a short period of time.

Do I need to provide additional documents when I 

request renewal of deferred action under DACA?

NO, unless you have new documents pertaining to 

removal proceedings or criminal history that you have 

not already submitted to USCIS in a previously approved 

DACA request. USCIS, however, reserves the authority to 

request at its discretion additional documents, information, or Statements relating to a DACA renewal request 

determination.

CAUTION: If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a Federal felony punishable 

by a fine, or imprisonment up to 5 years, or both, under 18 U.S.C. Section 

1001. In addition, individuals may be placed into removal proceedings, 

face severe penalties provided by law, and be subject to criminal prosecution.

TRAVEL

May I travel outside of the United States before 

I submit an initial Deferred Action for Childhood 

Arrivals (DACA) request or while my initial DACA 

request remains pending with the Department of 

Homeland Security (DHS)?

Any unauthorized travel outside of the United States on 

or after Aug. 15, 2012, will interrupt your continuous 

residence and you will not be considered for deferred 

action under this process. Any travel outside of the 

United States that occurred on or after June 15, 2007, 

but before Aug. 15, 2012, will be assessed by U.S. Citizenship and Immigration Services (USCIS) to determine 

whether the travel qualifies as brief, casual, and innocent. (See Chart #2 on the following page.)

CAUTION: You should be aware that if you have been ordered deported or 

removed, and you then leave the United States, your departure will likely 

result in your being considered deported or removed, with potentially 

serious future immigration consequences.

If my case is deferred under DACA, will I be able 

to travel outside of the United States?

Not automatically. If USCIS has decided to defer action 

in your case and you want to travel outside the United 

States, you must apply for advance parole by filing a 

Form I-131, Application for Travel Document and 

paying the applicable fee ($360). USCIS will determine 

whether your purpose for international travel is justifiable based on the circumstances you describe in your 

request. Generally, USCIS will only grant advance parole 
22 Deferred Action for Childhood Arrivals

if your travel abroad will be in furtherance of:

• Humanitarian purposes, including travel to obtain 

medical treatment, attending funeral services for a 

family member, or visiting an ailing relative;

• Educational purposes, such as semester-abroad 

programs and academic research; or

• Employment purposes such as overseas assignments, interviews, conferences, training, or meetings with clients overseas.

Travel for vacation is not a valid basis for advance 

parole.

You may not apply for advance parole unless and until 

USCIS defers action in your case under the consideration of DACA. You cannot apply for advance parole at 

the same time as you submit your request for consideration of DACA. All advance parole requests will be 

considered on a case-by-case basis.

If USCIS has deferred action in your case under the 

DACA process after you have been ordered deported or 

removed, you may still request advance parole if you 

meet the guidelines for advance parole described above.

CAUTION: However, for those individuals who have been ordered 

deported or removed, before you actually leave the United States, you 

should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of 

your removal proceeding. Even after you have asked EOIR to reopen your 

case, you should not leave the United States until after EOIR has granted 

your request. If you depart after being ordered deported or removed, and 

your removal proceeding has not been reopened and administratively 

closed or terminated, your departure may result in your being considered 

deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may contact 

U.S. Immigration and Customs Enforcement (ICE) through the local ICE 

Office of the Chief Counsel with jurisdiction over your case. 

CAUTION: If you travel outside the United States on or after Aug. 15, 

2012, without first receiving advance parole, your departure automatically 

terminates your deferred action under DACA.

CHART #2: TRAVEL GUIDELINES

Travel Dates Type of Travel Does It Affect Continuous Residence

On or after June 15, 2007, Brief, casual, and innocent No

but before Aug. 15, 2012

For an extended time

Because of an order of Yes

exclusion, deportation, 

voluntary departure, or removal

To participate in criminal activity

On or after Aug. 15, 2012, Any Yes. You cannot apply for advance parole unless and until DHS

and before you have has determined whether to defer action in your case, and you

requested deferred action cannot travel until you receive advance parole.

 

On or after Aug. 15, 2012, Any In addition, if you have previously been ordered deported and 

and after you have removed and you depart the United States without taking addirequested deferred action tional steps to address your removal proceedings, your departure 

will likely result in your being considered deported or removed, 

with potentially serious future immigration consequences.

 

On or after Aug. 15, 2012 Any It depends. If you travel after receiving advance parole, the 

and after receiving DACA travel will not interrupt your continuous residence. However, 

if you travel without receiving advance parole, the travel will 

interrupt your continuous residence.
(DACA) Toolkit 23

Do brief departures from the United States 

interrupt the continuous residence requirement?

A brief, casual, and innocent absence from the United 

States will not interrupt your continuous residence. If 

you were absent from the United States, your absence 

will be considered brief, casual, and innocent if it was 

on or after June 15, 2007, and before Aug. 15, 2012, 

and:

1. The absence was short and reasonably calculated 

to accomplish the purpose for the absence;

2. The absence was not because of an order of 

exclusion, deportation, or removal;

3. The absence was not because of an order of 

voluntary departure, or an administrative grant 

of voluntary departure before you were placed in 

exclusion, deportation, or removal proceedings; 

and

4. The purpose of the absence and/or your actions 

while outside the United States were not contrary 

to law.

Once USCIS has approved your request for DACA, you 

may file Form I-131, Application for Travel Document, 

to request advance parole to travel outside of the United 

States.

CAUTION: If you travel outside the United States on or after Aug. 15, 

2012, without first receiving advance parole, your departure automatically 

terminates your deferred action under DACA.

May I file a request for advance parole 

concurrently with my DACA package?

Concurrent filing of advance parole is not an option 

at this time. DHS is, however, reviewing its policy 

on concurrent filing of advance parole with a DACA 

request. In addition, DHS is also reviewing eligibility 

criteria for advance parole. If any changes to this policy 

are made, USCIS will update this FAQ and inform the 

public accordingly. 

CRIMINAL CONVICTIONS

If I have a conviction for a felony offense, a 

significant misdemeanor offense, or multiple 

misdemeanors, can I receive an exercise of 

prosecutor-ial discretion under this new process?

NO. If you have been convicted of a felony offense, 

a significant misdemeanor offense, or three or more 

other misdemeanor offenses not occurring on the same 

date and not arising out of the same act, omission, or 

scheme of misconduct, you will not be considered for 

Deferred Action for Childhood Arrivals (DACA) except 

where the Department of Homeland Security (DHS) 

determines there are exceptional circumstances.

What offenses qualify as a felony?

A felony is a Federal, State, or local criminal offense 

punishable by imprisonment for a term exceeding 

1 year.

What offenses constitute a significant 

misdemeanor?

For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by Federal law 

(specifically, one for which the maximum term of 

imprisonment authorized is 1 year or less but greater 

than 5 days) and that meets the following criteria:

1. Regardless of the sentence imposed, is an offense 

of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of 

a firearm, drug distribution or trafficking, or 

driving under the influence; or

2. If not an offense listed above, is one for which 

the individual was sentenced to time in custody 

of more than 90 days. The sentence must involve 

time to be served in custody, and therefore does 

not include a suspended sentence.

The time in custody does not include any time served 

beyond the sentence for the criminal offense based 

on a State or local law enforcement agency honoring 

a detainer issued by U.S. Immigration and Customs 

Enforcement (ICE). Notwithstanding the above, the 
24 Deferred Action for Childhood Arrivals

decision whether to defer action in a particular case is 

an individualized, discretionary one that is made taking 

into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, 

or its presence, is not necessarily determinative, but is a 

factor to be considered in the unreviewable exercise of 

discretion. DHS retains the discretion to determine that 

an individual does not warrant deferred action on the 

basis of a single criminal offense for which the individual 

was sentenced to time in custody of 90 days or less.

What offenses constitute a non-significant 

misdemeanor?

For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by Federal law 

(specifically, one for which the maximum term of 

imprisonment authorized is 1 year or less but greater 

than 5 days) and that meets the following criteria:

1. Is not an offense of domestic violence, sexual 

abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or 

trafficking, or driving under the influence; and

2. Is one for which the individual was sentenced to 

time in custody of 90 days or less. The time in 

custody does not include any time served beyond 

the sentence for the criminal offense based on a 

State or local law enforcement agency honoring a 

detainer issued by ICE.

Notwithstanding the above, the decision whether to 

defer action in a particular case is an individualized, 

discretionary one that is made taking into account the 

totality of the circumstances. Therefore, the absence 

of the criminal history outlined above, or its presence, 

is not necessarily determinative, but is a factor to be 

considered in the unreviewable exercise of discretion.

If I have a minor traffic offense, such as driving 

without a license, will it be considered a nonsignificant misdemeanor that counts towards the 

“three or more non-significant misdemeanors” 

making me unable to receive consideration for 

an exercise of prosecutorial discretion under 

this new process?

A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your 

entire offense history can be considered along with 

other facts to determine whether, under the totality of 

the circumstances, you warrant an exercise of prosecutorial discretion.

It is important to emphasize that driving under the 

influence is a significant misdemeanor regardless of the 

sentence imposed. 

What qualifies as a national security or public 

safety threat?

If the background check or other information uncovered during the review of your request for deferred 

action indicates that your presence in the United States 

threatens public safety or national security, you will 

not be able to receive consideration for an exercise of 

prosecutorial discretion except where DHS determines 

there are exceptional circumstances. Indicators that you 

pose such a threat include, but are not limited to: gang 

membership, participation in criminal activities, or 

participation in activities that threaten the United States.

Will offenses criminalized as felonies or 

misdemeanors by State immigration laws be 

considered felonies or misdemeanors for purpose 

of this process?

NO. Immigration-related offenses characterized as 

felonies or misdemeanors by State immigration laws 

will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for 

consideration of deferred action under this process.

Will DHS consider my expunged or juvenile 

conviction as an offense making me unable to 

receive an exercise of prosecutorial discretion?

Expunged convictions and juvenile convictions will 

not automatically disqualify you. Your request will be 

assessed on a case-by-case basis to determine whether, 

under the particular circumstances, a favorable exercise 

of prosecutorial discretion is warranted. If you were a 

juvenile, but tried and convicted as an adult, you will 

be treated as an adult for purposes of the DACA process.
(DACA) Toolkit 25

MISCELLANEOUS

Does this Administration remain committed to 

comprehensive immigration reform?

YES. The Administration has consistently pressed 

for passage of comprehensive immigration reform, 

including the DREAM Act, because the President 

believes these steps are critical to building a 21st 

century immigration system that meets our Nation’s 

economic and security needs.

Is passage of the DREAM Act still necessary in 

light of the new process?

YES. The Secretary of Homeland Security’s June 15, 

2012, memorandum allowing certain people to request 

consideration for deferred action is one in a series 

of steps that DHS has taken to focus its enforcement 

resources on the removal of individuals who pose a 

danger to national security or a risk to public safety. 

Deferred Action for Childhood Arrivals (DACA) is 

an exercise of prosecutorial discretion and does not 

provide lawful status or a pathway to citizenship. As 

the President has Stated, individuals who would qualify 

for the DREAM Act deserve certainty about their 

status. Only the Congress, acting through its legislative 

authority, can confer the certainty that comes with a 

pathway to permanent lawful status.

Does deferred action provide me with a path to 

permanent resident status or citizenship?

NO. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident 

status or a path to citizenship. Only the Congress, acting 

through its legislative authority, can confer these rights.

Can I be considered for deferred action even if I 

do not meet the guidelines to be considered for 

DACA?

This process is only for individuals who meet the 

specific guidelines for DACA. Other individuals may, on 

a case-by-case basis, request deferred action from U.S. 

Citizenship and Immigration Services (USCIS) or U.S. 

Immigration and Customs Enforcement (ICE) in certain 

circumstances, consistent with longstanding practice.

How will ICE and USCIS handle cases involving 

individuals who do not satisfy the guidelines of 

this process but believe they may warrant an 

exercise of prosecutorial discretion under the 

June 2011 Prosecutorial Discretion Memoranda?

If USCIS determines that you do not satisfy the guidelines or otherwise determines you do not warrant an 

exercise of prosecutorial discretion, then it will decline 

to defer action in your case. If you are currently in 

removal proceedings, have a final order, or have a 

voluntary departure order, you may then request ICE 

consider whether to exercise prosecutorial discretion.

How should I fill out question 9 on Form I-765, 

Application for Employment Authorization? 

When you are filing a Form I-765 as part of a DACA 

request, question 9 is asking you to list those Social 

Security numbers that were officially issued to you by 

the Social Security Administration.

Will there be supervisory review of decisions by 

USCIS under this process?

YES. USCIS has implemented a successful supervisory review process to ensure a consistent process for 

considering requests for DACA.

Will USCIS personnel responsible for reviewing 

requests for DACA receive special training?

YES. USCIS personnel responsible for considering 

requests for consideration of DACA have received 

special training.

Must attorneys and accredited representatives 

who provide pro bono services to deferred action 

requestors at group assistance events file a Form 

G-28 with USCIS?

Under 8 C.F.R. §§ 292.3 and 1003.102, practitioners 

are required to file a Notice of Entry of Appearance as 

Attorney or Accredited Representative when they engage 

in practice in immigration matters before DHS, either 

in person or through the preparation or filing of any 

brief, application, petition, or other document. Under 

these rules, a practitioner who consistently violates 

the requirement to file a Form G-28 may be subject to 
26 Deferred Action for Childhood Arrivals

disciplinary sanctions; however on Feb. 28, 2011, USCIS 

issued a Statement indicating that it does not intend to 

initiate disciplinary proceedings against practitioners 

(attorneys and accredited representatives) based solely 

on the failure to submit a Notice of Entry of Appearance 

as Attorney or Accredited Representative (Form G-28) 

in relation to pro bono services provided at group 

assistance events. DHS is in the process of issuing a final 

rule at which time this matter will be reevaluated.

When must an individual sign a Form I-821D as a 

preparer?

Anytime someone other than the requestor prepares 

or helps fill out the Form I-821D, that individual must 

complete Part 5 of the form.

If I provide my employee with information 

regarding his or her employment to support a 

request for consideration of DACA, will that information be used for immigration enforcement 

purposes against me and/or my company?

You may, as you determine appropriate, provide individuals requesting DACA with documentation which 

verifies their employment. This information will not 

be shared with ICE for civil immigration enforcement 

purposes under section 274A of the Immigration and 

Nationality Act (relating to unlawful employment) 

unless there is evidence of egregious violations of 

criminal statutes or widespread abuses.

Can I request consideration for deferred action 

under this process if I live in the Commonwealth 

of the Northern Mariana Islands (CNMI)?

YES, in certain circumstances. The CNMI is part of 

the United States for immigration purposes and is not 

excluded from this process. However, because of the 

specific guidelines for consideration of DACA, individuals who have been residents of the CNMI are in most 

cases unlikely to qualify for the program. You must, 

among other things, have come to the United States 

before your 16th birthday and have resided continuously in the United States since June 15, 2007.

Under the Consolidated Natural Resources Act of 2008, 

the CNMI became part of the United States for purposes 

of immigration law only on Nov. 28, 2009. Therefore 

entry into, or residence in, the CNMI before that date 

is not entry into, or residence in, the United States for 

purposes of the DACA process.

USCIS has used parole authority in a variety of situations in the CNMI to address particular humanitarian 

needs on a case-by-case basis since Nov. 28, 2009. If 

you live in the CNMI and believe that you meet the 

guidelines for consideration of deferred action under 

this process, except that your entry and/or residence 

to the CNMI took place entirely or in part before Nov. 

28, 2009, USCIS is willing to consider your situation on 

a case-by-case basis for a grant of parole. If this situation applies to you, you should make an appointment 

through INFOPASS with the USCIS ASC in Saipan to 

discuss your case with an immigration officer.

Someone told me if I pay them a fee, they can 

expedite my DACA request. Is this true?

NO. There is no expedited processing for deferred 

action. Dishonest practitioners may promise to provide 

you with faster services if you pay them a fee. These 

people are trying to scam you and take your money. 

Visit our Avoid Scams page to learn how you can 

protect yourself from immigration scams.

Make sure you seek information about requests for 

consideration of DACA from official government 

sources such as USCIS or the DHS. If you are seeking 

legal advice, visit our Find Legal Services page to learn 

how to choose a licensed attorney or accredited representative.

Am I required to register with the Selective 

Service?

Most male persons residing in the United States, who 

are ages 18 through 25, are required to register with 

Selective Service. Please see link for more information. 

[Selective Service, www.sss.gov].

28 Deferred Action for Childhood Arrivals (DACA) Toolkit 28
(DACA) Toolkit 29

DACA RESOURCES

DEPARTMENT OF HOMELAND SECURITY

U.S. CITIZENSHIP AND 

IMMIGRATION SERVICES (USCIS)

DACA resource page

www.uscis.gov/childhoodarrivals

www.uscis.gov/acciondiferida

These English and Spanish Web pages contain important DACA 

information.

Avoid Immigration Scams resource center

www.uscis.gov/avoidscams

www.uscis.gov/eviteestafas

These English and Spanish Web pages contain information 

related to immigration scams, including resources for applicants, 

community groups, and legal service providers.

“How Do I” guides

www.uscis.gov/howdoi

This online repository for all USCIS “How Do I” guides includes 

“How Do I Request Consideration of Deferred Action for Childhood Arrivals (DACA)?”

Public Engagement Division Outreach page

www.uscis.gov/outreach

This page lists upcoming national engagements, including 

multilingual engagements, and local outreach events. 

Multilingual resource center

www.uscis.gov/multilingual

This online resource has links to documents in 22 languages, 

including multilingual DACA resources. 

Online customer service tools

www.uscis.gov/tools

USCIS offers customers a variety of online customer service tools, 

including the ability to change address, check processing times 

and case status information, and submit inquiries.

Systematic Alien Verification for Entitlements 

(SAVE)

www.uscis.gov/save

The SAVE program is an intergovernmental information service 

initiative which verifies the immigration status of benefit applicants. 

E-Verify

www.uscis.gov/e-verify

E-Verify is an electronic system that enables employers to verify 

employment eligibility. The E-Verify program has a variety of 

resources for employees on worker rights. 

OFFICE FOR CIVIL RIGHTS AND CIVIL 

LIBERTIES (CRCL)

Overview of CRCL resources

www.dhs.gov/topic/civil-rights-and-civil-liberties

The mission of CRCL is to advance and safeguard the civil rights 

and civil liberties of individuals and communities with respect to 

the Department’s immigration-related policies and activities. 

OFFICE OF THE CIS OMBUDSMAN

Overview of Office of the CIS Ombudsman 

resources

www.dhs.gov/topic/cis-ombudsman

The Office of the CIS Ombudsman provides individual 

immigration case assistance and makes recommendations to 

improve the administration of immigration benefits. 

DEPARTMENT OF EDUCATION

DEPARTMENT OF EDUCATION

DACA Resource Guide

http://www2.ed.gov/about/overview/focus/

supporting-undocumented-youth.pdf

Free Application for Federal Student Aid (FAFSA)

www.studentaid.ed.gov/fafsa

This Web page provides an overview of the FAFSA requirements 

and process. 
30 Deferred Action for Childhood Arrivals

Resources for DACA and immigrant students

www2.ed.gov/about/overview/focus/

immigration-resources.html

This resource page includes Q&As on Federal student aid and 

education records for DACA students and a financial aid guide.

Migrant Education Program

www2.ed.gov/programs/mep/index.html

The Migrant Education Program supports the development and 

funding of education and support services for migratory children. 

DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR 

IMMIGRATION REVIEW (EOIR)

List of Board of Immigration Appeals (BIA) 

recognized organizations and accredited 

representatives

www.justice.gov/eoir/ra/raroster.htm

BIA accredited representatives working for BIA-recognized 

organizations are non-attorneys who are authorized to provide 

immigration legal services. 

List of low cost and free immigration 

legal service providers

www.justice.gov/eoir/probono/states.htm

EOIR provides a list of free and low-cost immigration attorneys 

by State as a resource for applicants and petitioners. 

ACCESS TO JUSTICE

Overview of Access to Justice resources

www.justice.gov/atj

Access to Justice works with Federal agencies, State, and local 

governments and State Access to Justice commissions to increase 

access to counsel and legal assistance and to improve the justice 

delivery systems that serve people who are unable to afford lawyers.

DACA resource guide

www.justice.gov/atj/daca-resourceguide-atjfeb-27-3013.pdf

This resource guide provides information on the DACA process 

and links to DACA-related resources.

OFFICE OF SPECIAL COUNSEL FOR 

IMMIGRATION-RELATED UNFAIR 

EMPLOYMENT PRACTICES

DACA flyer

www.justice.gov/crt/about/osc/pdf/

publications/DACA_English2.pdf 

The Office of Special Counsel enforces the anti-discrimination 

provisions of the Immigration and Nationality Act. This flyer 

provides DACA recipients with information about their right to 

work in the United States

DEPARTMENT OF LABOR

WAGE AND HOUR DIVISION

We Can Help website

www.dol.gov/wecanhelp

This Web site provides useful information for workers to understand their rights in the workplace and how to file a complaint, 

regardless of their immigration status. 

YouthRules! Web site

www.youthrules.dol.gov

This Web site provides critical information on the jobs and hours 

a minor is allowed to work.