I-821D, Consideration of Deferred Action for Childhood Arrivals
ALERT: Court decisions regarding DACA.
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order (PDF, 1.35 MB) and Supplemental Order of Injunction (PDF, 72.53 KB).
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.
Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
Please see the DACA Litigation Information Page for important updates and information related to court rulings on the DACA policy.
Use this form to request that we consider granting or renewing deferred action on a case-by-case basis using guidelines described in the final rule.
Deferred action is an act of prosecutorial discretion to defer removal of an individual. Individuals who receive deferred action will not be removed from the United States for a specified period of time, unless the Department of Homeland Security (DHS) chooses to terminate the grant of deferred action. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Worksheet (PDF, 243.14 KB).
In this video, you can learn how to file your Form I-821D and Form I-765 online:
Form Details
Dates are listed in mm/dd/yy format.
If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.
If you need help downloading and printing forms, read our instructions.
Where you file depends on your state of residence; check our Filing Addresses for Consideration of Deferred Action for Childhood Arrivals page for the correct mailing address.
We cannot waive this fee. You also must include the $410 filing fee for Form I-765.
You may pay the fee with a money order, personal check, cashier’s check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit. We may reject your entire package if you submit a single, combined payment for multiple forms.
Filing Tips for Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Complete all sections of the form. We will reject your form if these fields are missing:
- Part 1 – Information About You
- Initial Request or Renewal Request
- Expiration date of most recent period of DACA (renewals only)
- Family Name
- U.S. Mailing Address
- Alien Registration Number (renewals only)
- Date of Birth
- Part 4 – Criminal, National Security, and Public Safety Information (for initial and renewal requests)
- Questions 1 – 7 must be marked “Yes” or “No”
Filing Tips: Go to our Tips for Filing Forms by Mail page for information on how to help ensure we will accept your application.
Do not forget to sign your form. We will reject any unsigned form.
Replacing a Lost, Stolen, or Damaged Employment Authorization Document (EAD)
If you are a current DACA recipient and only need to replace a valid EAD because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b. Submit the properly completed Form I-765, evidence that you are a current DACA recipient (such as your most recent DACA approval notice), and the filing fee to the filing address for the location where you live.
For purposes of a request for a replacement of a lost, stolen, or damaged EAD, do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with the Form I-765. If you submit Form I-821D when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-821D and we will not refund the $85 filing fee for Form I-821D.
E-Notification: To receive an e-mail or text message when we receive your form, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your Form I-821D.
- Filing Tips for Deferred Action for Childhood Arrivals
- DACA Litigation Information Page
- Consideration of Deferred Action for Childhood Arrivals Fee Exemption Guidance
- Lockbox Filing Tips
- Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- DACA Frequently Asked Questions