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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:

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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 continuous 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:

1. Did not depart the United States on or after August 15, 2012, 

without advance parole; 

2. Have continuously resided in the United States since you 

submitted your most recent deferred action for childhood 

arrivals request that was approved up to the present time; and

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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. 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. 

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