I821D-014-INS-DACAFinalRule-OMBReview-07012022 (1)

Instructions for Consideration of Deferred Action
for Childhood Arrivals
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-821D

OMB No. 1615-0124
Expires 03/31/2023

What is the Purpose of this Form?
An individual may file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to request that U.S.
Citizenship and Immigration Services (USCIS) exercise prosecutorial discretion in his or her favor under the Deferred
Action for Childhood Arrivals (DACA) process, including consideration for Renewal of deferred action. USCIS considers
deferring action (including Renewal of deferred action) on a case-by-case basis, based on the guidelines in the What
is a Childhood Arrival for Purposes of This Form section of these instructions. Deferred action is a discretionary
determination to defer removal of an individual as an act of prosecutorial discretion. Individuals who receive deferred
action will not be placed into removal proceedings or removed from the United States for a specified period of time,
unless the Department of Homeland Security (DHS) chooses to terminate the deferral. See 8 CFR Part 236, Subpart C;
see also www.uscis.gov/DACA.

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When Should I Use Form I-821D?

Use this form to request consideration of Initial DACA or Renewal of DACA. Deferred action is a discretionary
determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals filing Form
I-821D, whether for an Initial or a Renewal of deferred action, must also file Form I-765, Application for Employment
Authorization, and Form I-765 Worksheet, Form I-765WS. See the Evidence for Initial Requests Only and Evidence
for Renewal Requests Only sections of these instructions for more information.
CAUTION: If you file this 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. USCIS encourages Renewal requestors to file as early in the 150-day period as possible - ideally, at least 120
days prior to the DACA expiration date.
NOTE: If you have received DACA and you are filing within one year after your last period of deferred action expired,
and your last period of deferred action was not terminated by USCIS, please follow the instructions provided below
for Renewal requestors. If you are filing more than one year after your last period of deferred action expired or at any
time after your last period of deferred action was terminated, please follow the instructions provided below for Initial
requestors.
NOTE: If you are currently in immigration detention, you may request consideration of DACA as an Initial or Renewal
requestor from USCIS. However, if USCIS determines a favorable exercise of discretion is warranted to grant you
DACA, USCIS will not approve your DACA request until you are released from detention. If you are requesting DACA,
you should tell your deportation officer.

What is a Childhood Arrival for Purposes of This Form?
An individual may be considered for Initial DACA if he or she:
1. Was under 31 years of age as of June 15, 2012;
2. Came to the United States before reaching his or her 16th birthday;
3. Has continuously resided in the United States since June 15, 2007, up to the present time;

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4. Was 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;
5. Had no lawful status on June 15, 2012;
NOTE: No lawful status on June 15, 2012 means that:
A. You never had a lawful immigration status on or before June 15, 2012; or
B. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general
educational development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S.
Coast Guard; and

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7. 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.
An individual may be considered for Renewal of DACA if he or she met the guidelines for consideration of Initial DACA
(see above) AND he or she:
1. Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that
was approved up to the present time; and
2. 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.

Who May File Form I-821D?

1. Childhood Arrivals Who Have Never Been in Removal Proceedings. If you have never been in removal
proceedings, submit this form to request that USCIS consider deferring action in your case. You must be 15 years of
age or older at the time of filing and meet the criteria described in 8 CFR Part 236, Subpart C.
2. Childhood Arrivals Whose Removal Proceedings Were Terminated. If you were in removal proceedings which
have been terminated by the immigration judge prior to this request, you may use this form to request that USCIS
consider deferring action in your case. You must be 15 years of age or older at the time of filing and meet the criteria
described in 8 CFR Part 236, Subpart C to be considered for deferred action.
3. Childhood Arrivals In Removal Proceedings, With a Final Removal Order, or With Voluntary Departure. If
you are in removal proceedings, have a final order of removal, exclusion, or deportation issued in any other context,
have a voluntary departure order, or if your proceedings have been administratively closed, you may use this form
to request that USCIS consider deferring action in your case, even if you are under 15 years of age at the time of
filing. For the purpose of this form, “removal proceedings” includes exclusion or deportation proceedings initiated
before April 1, 1997, an Immigration and Nationality Act (INA) section 240 removal proceeding, expedited removal,
reinstatement of a final order of exclusion, deportation, or removal, an INA section 217 removal after admission under
the Visa Waiver Program, removal as a criminal alien under INA section 238, or any other kind of removal proceeding
under U.S. immigration law in any other context (e.g., at the border or within the United States by an immigration
agent).
4. Childhood Arrivals Whose Case Was Deferred and Who Are Seeking Renewal of DACA. If USCIS deferred
action in your case under DACA, you may use this form to request consideration of Renewal of DACA from USCIS.

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General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which can be downloaded for free at http://get.adobe.com/reader/.
Each request must be properly signed and accompanied by the proper Form I-821D fee. If you are under 14 years of age,
your parent or legal guardian may sign the request on your behalf. A designated representative may sign if the requestor
is unable to sign due to a physical or developmental disability or mental impairment. A photocopy of a signed request or
typewritten name in place of a signature is not acceptable. This request is not considered properly filed until accepted by
USCIS.

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Evidence. You must submit all required evidence and supporting documentation with your request at the time of filing.
See the Evidence for Initial Requests Only and Evidence for Renewal Requests Only sections of these instructions for
more details.
You should keep all documents that support how you meet the DACA guidelines so you can provide them if they are
requested by USCIS.
NOTE: If you are submitting a Renewal Request for consideration of DACA to USCIS, you do not need to re-submit
documents you already submitted with your previous DACA requests.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics
(fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct
background and security checks, including a check of criminal history records maintained by the Federal Bureau of
Investigation (FBI), before making a decision on your request. After USCIS receives your request and ensures it is
complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is
necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC)
and the date and time of your appointment.
1. You provided or authorized all information in the request;

2. You reviewed and understood all of the information contained in, and submitted with, your request; and
3. All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometrics services appointment, USCIS may deny your application. Failure to comply with
the notice may result in the denial of your deferred action request. USCIS may, in its discretion, waive the collection of
certain biometrics.
Copies. You may submit a legible photocopy of any document, unless you are specifically required to file an original
document with this request. Original documents submitted when not required may remain a part of the record, and USCIS
will not automatically return them to you.
Translations. Any document you submit to USCIS that contains a foreign language must have a full English translation.
The translator must certify that the English translation is complete and accurate, and that he or she is competent to
translate from the foreign language into English.
An example of a certification would read, “I [typed name], certify that I am fluent (conversant) in the English and [insert
other language] languages, and that the above/attached document is an accurate translation of the document attached
entitled [name of document].” The certification should also include the date, the translator’s signature and typed name,
and the translator’s address.
Advance Parole. If you wish to file a request for Advance Parole, please follow the instructions for filing Form I-131,
Application for Travel Document. You can get the most current information on how to apply for advance parole by
visiting the USCIS website at www.uscis.gov/i-131 or calling the National Customer Service Line at 1-800-375-5283 or

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1-800-767-1833 (TTY for the hearing impaired). Customer service officers are available Monday - Friday from
8 a.m. - 6 p.m. in each U.S. time zone.
Travel Warning. On or after August 15, 2012, if you travel outside of the United States before USCIS has determined
whether to defer action in your case, you will not be considered for deferred action. Even after USCIS has deferred
action in your case under DACA, you should not travel outside the United States unless you have been issued an Advance
Parole Document by USCIS. USCIS may terminate deferred action in your case, and your ability to renew DACA may be
adversely impacted, if you travel outside the United States without obtaining an Advance Parole Document from USCIS.
In addition, leaving the United States, even with an Advance Parole Document, may impact your ability to return to the
United States.

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How To Fill Out Form I-821D

1. This form consists of eight parts. Requestors for Initial DACA and those requestors seeking Renewal of DACA should
fill out most parts. However, only requestors for Initial DACA should complete Part 3. See below for greater detail.
Part 1. Information About You. All requestors must complete this part.

Part 2. Residence and Travel Information. All requestors must complete this part. Please be aware that Initial
requestors must provide more extensive information than Renewal requestors.
Part 3. For Initial Requests Only. Renewal requestors should skip this part.

Part 4. Criminal, National Security, and Public Safety Information. All requestors must complete this part.
Part 5. Statement, Certification, Signature, and Contact Information of the Requestor. All requestors must
complete this part.
Part 6. Contact Information, Certification, and Signature of the Interpreter. Any requestor using an interpreter
must complete this part.
Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other than
the Requestor. If you had someone else prepare your request, he or she must complete this part.
Part 8. Additional Information. Any requestor may complete this part if additional space is needed.
2. Further Information on filling out Form I-821D:
A. Type or print legibly in black ink.

B. If you need extra space to complete any item within this request, use Part 8. Additional Information and make
additional copies of this sheet as needed. Type or print your name and Alien Registration Number (A-Number) (if
any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
C. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” type or print
“N/ A,” unless otherwise directed.
D. All dates must be entered as mm/dd/yyyy. You may provide approximate dates if you do not know the exact date.
Do not leave a date response blank.
E. Processing Information. You must provide the biometrics information requested in Part 1., Item Numbers
15. - 20. Providing this information as part of your request may reduce the time you spend at your USCIS ASC
appointment.

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F. Part 5. Statement, Certification, Signature, and Contact Information of the Requestor. Select the box that
indicates whether someone interpreted this form for you. If applicable, the attorney, accredited representative, or
other individual who helped prepare this form for you must complete Part 7. and sign and date the form. Every
request must contain the requestor’s original signature. A photocopy of a signed request or a typewritten name
in place of a signature is not acceptable. Sign and date the form and provide your daytime telephone number,
mobile telephone number, and email address. If you are under 14 years of age, your parent or legal guardian may
sign the request on your behalf. A designated representative may sign if the requestor is unable to sign due to a
physical or developmental disability or mental impairment.
G. Part 6. Contact Information, Certification, and Signature of the Interpreter. If you used an interpreter to
read the instructions and complete the questions on this form, the interpreter must fill out Part 6. The interpreter
must provide his or her full name, the name of his or her business or organization, an address, a daytime telephone
number, and an email address. He or she must also sign and date the form.

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H. Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other
Than the Requestor. If the person who completed this request, is someone other than the person named in Part
1., he or she must complete this section of the request, provide his or her name, the address of his or her business
or organization (if any), and his or her contact information. If the person completing this request is an attorney
or accredited representative, he or she must submit a completed Form G-28, Notice of Entry of Appearance as
Attorney or Accredited Representative, along with this request. Further, the attorney or accredited representative,
and anyone who assisted in preparing your request, must sign and date the request. This section of the request
MUST contain the original signature of the attorney or accredited representative, and anyone who assisted in
preparing your request. A typewritten name in place of a signature is not acceptable.

Evidence for Initial Requests Only

NOTE: If you are submitting an Initial Request for consideration of DACA to USCIS, you will need to submit
documents showing how you believe you have satisfied each DACA guideline.
1. What documents should you submit with your Form I-821D?

A. You do not need to submit original documents unless USCIS requests them.

B. Evidence and supporting documents that you file with your Form I-821D should show that you are at least 15
years of age at the time of filing, if required (see the Who May File Form I-821D section of these instructions for
more information), and that you meet all of the following guidelines:
(1) Were born after June 15, 1981 (i.e., You were not age 31 or older on June 15, 2012);
(2) Arrived in the United States before 16 years of age;
(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, and at the time of making your request for consideration
of deferred action with USCIS;
(5) Had no lawful status on June 15, 2012; and
(6) Are currently in school, graduated or received a certificate of completion from high school, obtained a
GED certificate or other equivalent state-authorized exam in the United States, or that you are an honorably
discharged veteran of the U.S. Armed Forces or U.S. Coast Guard.
2. What documents do you need to provide to prove identity?
Submit copies of any of the following:
A. Passport;
B. Birth certificate accompanied by photo identification;
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C. Any national identity document from your country of origin bearing your photo and/or fingerprint;
D. Any U.S. government immigration or other document bearing your name and photograph (e.g., EADs, visas,
driver’s licenses, non-driver cards);
E. Any school-issued form of identification with photo;
F. Military identification document with photo;
G. State-issued photo ID showing date of birth; or
H. Any other document with photo that you believe is relevant.
NOTE: Expired documents are acceptable.

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3. What documents may show that you came to the United States before your 16th birthday?
Submit copies of any of the following documents:

A. Passport with an admission stamp indicating when you entered the United States;
B. Form I-94, I-94W, or I-95 Arrival-Departure Record;

C. Any Immigration and Naturalization Service (INS) or DHS document stating your date of entry (e.g., Form I-862,
Notice to Appear);
D. Travel records, such as transportation tickets showing your dates of travel to the United States;
E. School records (e.g., transcripts, report cards) from the schools that you have attended in the United States,
showing the names of the schools and periods of school attendance;
F. Hospital or medical records concerning treatment or hospitalization, showing the names of the medical facilities
or physicians and the dates of the treatment or hospitalization;
G. Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding); or
H. Any other document that you believe is relevant.

4. If you left the United States for some period of time before your 16th birthday and returned on or after your
16th birthday to begin your current period of continuous residence, what documents may show that you
established residence before your 16th birthday?
Submit copies of any of the following documents:

A. School records (e.g., transcripts, report cards) from the schools that you have attended in the United States,
showing the names of the schools and periods of school attendance;
B. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, state
verification of the filing of state income tax returns, letters from employers, or, if you are self employed, letters
from banks and other firms with whom you have done business);
C. Documents evidencing that you were physically present in the United States for multiple years prior to your 16th
birthday; or
D. Any other relevant document.
5. What documents may show that you continuously resided in the United States since June 15, 2007, up to the
present date?
Submit copies of any relevant documents such as:

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A. Rent receipts, utility bills (e.g., gas, electric, phone), or receipts or letters from companies showing the dates
during which you received service. You may submit this documentation even if it only has the name of your
parents or legal guardians, as long as you also submit other evidence (e.g., third party documentation) that
connects you to your residence at that address;
B. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, state
verification of the filing of state income tax returns, letters from employers, or, if you are self employed, letters
from banks and other firms with whom you have done business);
NOTE: In all of these documents, your name and the name of the employer or other interested organization
must appear on the form or letter, as well as relevant dates. Letters must include: your address at the time of
employment, exact periods of employment, periods of layoff, and duties with the employer. Letters must also be
signed by the employer and include the employer’s contact information.

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C. School records (e.g., transcripts, report cards) from the schools that you have attended in the United States,
showing the names of the schools and periods of school attendance;
D. Military records (e.g., Form DD-214, Certificate of Release or Discharge from Active Duty; NGB Form 22,
National Guard Report of Separation and Record of Service; military personnel records; or military health records);
E. Hospital or medical records concerning treatment or hospitalization, showing the names of the medical facilities
or physicians and the dates of the treatment or hospitalization;
F. Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding);
G. Money order receipts for money sent in or out of the country; passport entries; birth certificates of children born
in the United States; dated records of bank transactions; correspondence between you and another person or
organization; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements,
contracts to which you have been a party; tax receipts; insurance policies; receipts; postmarked letters; or
H. Any other relevant document.

6. Do brief departures interrupt continuous residence?

A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were
absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it
was on or after June 15, 2007, and before August 15, 2012, and:
A. The absence was short and reasonably calculated to accomplish the purpose for the absence;
B. The absence was not because of an order of exclusion, deportation, or removal;
C. 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
D. The purpose of the absence and/or your actions while outside of the United States were not contrary to law.
In Part 3. Arrival/Residence Information, list all your absences from the United States since June 15, 2007.
Include information about all your departure and return dates, and the reason for your departures. Documents you can
submit that may show your absence was brief, casual, and innocent include, but are not limited to:
A. Plane or other transportation tickets or itinerary showing the travel dates;
B. Passport entries;
C. Hotel receipts showing the dates you were abroad;
D. Evidence of the purpose of the travel (e.g., you attended a wedding or funeral);
E. Copy of Advance Parole Document issued by USCIS; and
F. Any other evidence that could support a brief, casual, and innocent absence.
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7. What documents may demonstrate that you were present in the United States on June 15, 2012?
Submit copies of any relevant documents such as:
A. Rent receipts, utility bills (e.g., gas, electric, phone), or receipts or letters from companies showing the dates
during which you received service You may submit this documentation even if it only has the name of your
parents or legal guardians, as long as you also submit other evidence (e.g., third party documentation) that
connects you to your residence at that address;
B. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, state
verification of the filing of state income tax returns, letters from employers, or, if you are self employed, letters
from banks and other firms with whom you have done business);

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NOTE: In all of these documents, your name and the name of the employer or other interested organization
must appear on the form or letter, as well as relevant dates. Letters must include: your address at the time of
employment, exact periods of employment, periods of layoff, and duties with the employer. Letters must also be
signed by the employer and include the employer’s contact information.
C. School records (e.g., transcripts, report cards) from the schools that you have attended in the United States,
showing the names of the schools and periods of school attendance;
D. Military records (e.g., Form DD-214, Certificate of Release or Discharge from Active Duty; NGB Form 22,
National Guard Report of Separation and Record of Service; military personnel records; or military health
records);
E. Hospital or medical records concerning treatment or hospitalization, showing the names of the medical facilities
or physicians and the dates of the treatment or hospitalization;
F. Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding);
G. Money order receipts for money sent in or out of the country; passport entries; birth certificates of children born
in the United States; dated records of bank transactions; correspondence between you and another person or
organization; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements,
contracts to which you have been a party; tax receipts; insurance policies; receipts; postmarked letters; or
H. Any other relevant document.

8. What documents may show you had no lawful status on June 15, 2012? (Submit documents if you were admitted
or paroled, or otherwise obtained a lawful immigration status, on or before June 15, 2012, or you were or are in
removal proceedings.)
Submit copies of any of the following documents:
A. Form I-94, I-94W, or I-95 Arrival/Departure Record showing the date your authorized stay expired;
B. If you have a final order of exclusion, deportation, or removal issued as of June 15, 2012, submit a copy of that
order and related charging documents, if available;
C. An INS or DHS charging document placing you into removal proceedings, if available; or
D. Any other document that you believe is relevant to show that on June 15, 2012, you had no lawful status.
9. What documents may demonstrate that you: a) are currently in school in the United States at the time of
filing; b) have graduated or received a certificate of completion or a certificate of attendance from a U.S. high
school, a U.S. public or private college or university, including community college; or c) have obtained a GED
certificate or other equivalent state-authorized exam in the United States? (If applicable)
USCIS recognizes that schools, educational programs, school districts, and state education agencies around the
country issue educational records in a variety of formats. USCIS does not require educational records to be presented
in any particular format.
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A. To be considered “currently in school,” you are to demonstrate that you are currently enrolled in one of the
following:
(1) A U.S. public, private, or charter elementary school, junior high or middle school, high school, secondary
school, alternative program, or home school program meeting state requirements;
(2) 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 post-secondary education,
job training, or employment, and where you are working toward such placement, and that the program:
(a) Is administered by a non-profit entity; or
(b) Is funded in whole or in part by Federal, state, local, or municipal funds; or

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(c) Is of demonstrated effectiveness;

(3) An education program in the U.S. assisting students 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 equivalent state-authorized exam, and that the program:
(a) Is administered by a non-profit entity; or

(b) Is funded in whole or in part by Federal, state, local, or municipal funds; or
(c) Is of demonstrated effectiveness;

(4) A U.S. public or private college or university including community college.

Evidence of enrollment may include, but is not limited to: school registration cards, acceptance or other letters
demonstrating enrollment or attendance, current transcripts, report cards, progress reports, or other documents
issued by a school district, state education agency, school, or program. These documents should show your name;
the name of the school district, or state educational agency, school, or program issuing the record; the dates or
time periods of enrollment you are seeking to establish; and your current educational or grade level.
If you have been accepted for enrollment and your classes have not yet begun, you may submit an acceptance
letter with evidence that you have registered for classes or any other relevant evidence showing you have
committed to starting classes on a certain date, including, for example, a copy of your tuition bill, your class
schedule, or your Individualized Educational Program.
If you are enrolled in an educational, literacy, or career training program (including vocational training or an
ESL course), evidence that the program is funded in whole or in part by Federal, state, local, or municipal
funds includes a letter or other documentation from an authorized representative of the program that includes
information such as: your name and date of enrollment, the duration of the program and expected completion
date, the program’s source of public funding, and the program’s authorized representative’s contact information.
If you are enrolled in an education, literacy, or career training program that is not publicly funded, evidence that
the program is of demonstrated effectiveness may include information from an authorized school representative
relating to: the duration of the program’s existence; the program’s track record in placing students in employment,
job training, or post-secondary education; receipt of awards or special achievement or recognition that indicate the
program’s overall quality; and/or any other information indicating the program’s overall quality.
B. Evidence to show that you meet the educational guideline because you have “graduated from school” or “obtained
a GED certificate” or other equivalent state-authorized exam in the United States includes, but is not limited to:
(1) A high school diploma from a U.S. public or private high school or secondary school;
(2) A recognized equivalent of a U.S. high school diploma under state law, including a GED certificate or other
equivalent state-authorized exam, a certificate of completion, or a certificate of attendance;
(3) A transcript that identifies the date of graduation or program completion;
(4) An enrollment history that shows the date of graduation or program completion;
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(5) A degree from a public or private college or university or a community college; or
(6) An alternate award from a U.S. public or private high school or secondary school.
These documents should show your name; the name of the U.S. school district, educational agency, school, or
program issuing the record; the dates or time periods of enrollment you are seeking to establish; and your date of
graduation or completion.
10. What documents may demonstrate that you are an honorably discharged veteran of the U.S. Armed Forces or
U.S. Coast Guard? (If applicable)
Submit copies of the following documents:

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A. Form DD-214, Certificate of Release or Discharge from Active Duty;

B. NGB Form 22, National Guard Report of Separation and Record of Service;
C. Military personnel records;
D. Military health records; or

E. Any other relevant document.

11. What additional documents should you submit if you are currently or have been in removal proceedings?
Submit a copy of the removal order, any document issued by the immigration judge, or the final decision of the Board
of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this question does not apply
to you.
12. What evidence should I submit to demonstrate my criminal history?

If you have been arrested for or charged with any felony (i.e., a Federal, state, or local criminal offense punishable by
imprisonment for a term exceeding one year) or misdemeanor (i.e., a Federal, state, or local criminal offense for which
the maximum term of imprisonment authorized is one year or less but greater than five days) in the United States, or
a crime in any country other than the United States, you must submit evidence demonstrating the results of the arrest
or charges brought against you. If the charges against you were handled in juvenile court, and the records are from a
state with laws prohibiting their disclosure, this evidence is not required.
A. If you have ever been arrested for any felony or misdemeanor in the United States, or a crime in any country other
than the United States, and no charges were filed, submit an original official statement by the arresting agency
or applicable court order confirming that no charges were filed for each arrest. If you are unable to provide such
documentation or if it is not available, you must provide an explanation, including a description of your efforts to
obtain such evidence, in Part 8. Additional Information.
B. If you have ever been charged with or convicted of a felony or misdemeanor in the United States, or a crime in
any country other than the United States, submit an original or court-certified copy of the complete arrest record
and disposition for each incident (e.g., dismissal order, conviction and sentencing record, acquittal order). If you
are unable to provide such documentation or if it is not available, you must provide an explanation, including a
description of your efforts to obtain such evidence, in Part 8. Additional Information.
C. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from
your record, submit:
(1) An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise
removing the arrest or conviction; or
(2) An original statement from the court that no record exists of your arrest or conviction.
If you are unable to provide such documentation or if it is not available, you must provide an explanation,
including a description of your efforts to obtain such evidence, in Part 8. Additional Information.

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NOTE: You do not need to submit documentation concerning minor traffic violations such as driving
without a license unless they were alcohol - or drug-related.

Evidence for Renewal Requests Only
NOTE: If you are submitting a Renewal Request for consideration of DACA to USCIS, you do not need to re-submit
documents you already submitted with your previous DACA requests.
If you are seeking a Renewal of DACA, respond to all questions, except where the section or question indicates “For
Initial Requests Only.”

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If you are currently in exclusion, deportation, or removal proceedings, see Item Number 11. (above) for additional
guidance.
If you have any criminal history, see Item Number 12. (above) for additional guidance.

With your Renewal request, you only need to submit any new documents pertaining to removal proceedings or criminal
history that you have not already submitted to USCIS with prior DACA request. If USCIS needs more documentation
from you, USCIS will send a Request for Evidence to you explaining the needed information. However, you should
submit new documents if any of the following situations apply to you:
1. You are currently in exclusion, deportation, or removal proceedings (please note, you do not need to submit these
documents if your case was administratively closed); or
2. You have been charged with, or convicted of, a felony or misdemeanor (please note, you do not need to submit these
documents if you already submitted them with a previous DACA request).
NOTE: You should keep all documents that support how you meet the DACA guidelines so you can provide them if they
are requested by USCIS.
NOTE: You do not need to submit documentation concerning minor traffic violations such as driving without a license
unless they were alcohol-or drug- related.

Additional Information Relevant to ALL Requests for DACA

1. What other factors will USCIS consider when making a determination on deferred action?
USCIS will also conduct a background check. USCIS may consider deferring action in your case even if you have
been arrested or detained by any law enforcement officer and charges were filed, or if charges were filed against you
without an arrest. USCIS will evaluate the totality of the circumstances in reaching a decision on deferred action.
In accordance with 8 CFR Part 236, Subpart C, if USCIS determines that you have been convicted of a felony, a
significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the
same act, omission, or scheme of misconduct, or that you otherwise pose a threat to national security or public safety,
USCIS is unlikely to defer action in your case, except where DHS determines that exceptional circumstances exist.
See the Frequently Asked Questions at www.uscis.gov/childhoodarrivals.
Even if you satisfy the threshold criteria for consideration of DACA, USCIS may deny your request if it determines,
in its unreviewable discretion, that an exercise of prosecutorial discretion is not warranted in your case.
2. What else should you submit with Form I-821D?
USCIS will not consider deferring action in your case unless your Form I-821D is accompanied by Form I-765, with
fees, and Form I-765WS. If you do not include Form I-765 with all applicable fees with your Form I-821D, your
entire submission will be rejected.

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Optional E-Notification of Request Acceptance. You may submit Form G-1145, Notification of Application/
Petition Acceptance, an optional form, which will notify you electronically when USCIS accepts your request for
DACA.

What is the Filing Fee?
The filing fee for Form I-821D is $85. This fee may not be waived under 8 CFR 106.3.
NOTE: The filing fee is not refundable, regardless of any action USCIS or the Immigration Court takes on this
application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.

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Payments by Check or Money Order

Use the following guidelines when you prepare your check or money order for the Form I-821D filing fee:
1. The check or money order must be drawn on a bank or other financial institution located in the United States and must
be payable in U.S. currency; and
2. Make the check or money order payable to U.S. Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or DHS.”
Notice to Those Paying by Check. If you send USCIS a check, we will convert it into an electronic funds transfer (EFT).
This means we will copy your check and use the account information on it to electronically debit your account for the
amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular
account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If
your check is returned as unpayable, we will re-submit the payment to the financial institution one time. If the check is
returned as unpayable a second time, we will reject your application and charge you a returned check fee.
How To Check If the Fees Are Correct

Form I-821D’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS
fees change periodically, you can verify that the fee is current by following one of the steps below.
1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or
2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf
or hard of hearing) call: 1-800-767-1833.

Where to File?
Please see our USCIS website at www.uscis.gov/I-821D or call the USCIS Contact Center at 1-800-375-5283 for the most
current information about where to file this form. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

Address Changes
You must inform USCIS if you change your address. For information on filing a change of address, go to the USCIS
website at www.uscis.gov/addresschange or contact the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or
hard of hearing) call: 1-800-767-1833.

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NOTE: Do not submit a change of address request to USCIS Lockbox facilities because these facilities do not process
change of address requests.

Processing Information
Initial Processing. Once your request has been received by USCIS, USCIS will check the request for completeness. If
you do not completely fill out the form, USCIS may deny or reject your request.
Requests for More Information, Including Biometrics or Interview. We may request more information or evidence, or
we may request that you appear at a USCIS office for an interview. We may also request that you provide the originals of
any copies you submit. We will return these originals when they are no longer needed.

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If the same documents are required for both Form I-821D and Form I-765 that are filed together, the documents only have
to be submitted once.
At the time of any interview or other appearance at a USCIS office, USCIS may require that you provide biometric
information (e.g., photograph, fingerprints, signature) to verify your identity and update your background information.
Decision. USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in
your case. Each case will be considered on an individual, case-by-case basis. Even if you satisfy the threshold criteria
for consideration of DACA, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in
your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there
is no right to appeal.

USCIS Forms and Information

To ensure you are using the latest version of this request, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at www.uscis.gov.
Select “Tools,” then under “Self Service Tools,” select “Appointments” and follow the screen prompts to set up your
appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you.

Penalties
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 five 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.

DHS Privacy Notice
AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq. and 8 CFR Part 236, Subpart C.

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PURPOSE: The primary purpose for providing the requested information on this form is to determine if you should be
considered for deferred action as a childhood arrival. The information you provide will be used in making a decision
whether to defer removal action in your case as an exercise of prosecutorial discretion.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision in your case or result in denial of your form.
ROUTINE USES: The information you provide on this form may be shared with other Federal, state, local, and foreign
government agencies and authorized organizations following approved routine uses described in the associated published
system of records notices [DHS/USCIS-001 - Alien File, Index, and National File Tracking System and
DHS/USCIS-007 - Benefits Information System] and the published privacy impact assessments [DHS/USCIS/PIA-003(a)
Integrated Digitization Document Management Program (IDDMP), DHS/USCIS/PIA-016a Computer Linked Application
Information Management System and Associated Systems, and DHS/USCIS/PIA-056 USCIS Electronic Immigration
System] which can be found at www.dhs.gov/privacy].

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OTHER DISCLOSURE INFORMATION: Information provided in this request will not be used by ICE and U.S.
Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings against the requestor,
unless DHS is initiating immigration enforcement proceedings against the requestor due to a criminal offense, fraud,
a threat to national security, or public safety concerns. Information contained in this request related to the requestor’s
family members or guardians will not be used for immigration enforcement purposes against such family members or
guardians. Any 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 a deferred action for childhood
arrivals request itself, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or
prosecution of a criminal offense.
This policy 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.

Paperwork Reduction Act

An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection
of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection
of information is estimated at 3 hours per response, including the time for reviewing instructions and completing and
submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination
Division, Office of Policy and Strategy, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009;
OMB No. 1615-0124. Do not mail your completed Form I-821D to this address.

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Reminder
For Initial and Renewal Requests
Did you submit the filing fee for Form I-821D ($85)?
Did you submit Form I-765 along with the filing fee ($410) required for the application for employment
authorization, and did you also submit a completed Form I-765WS?
Did you answer every relevant Item Number?

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Did you provide an original, handwritten signature and date your request?

Did you submit the necessary documents? For Initial requests, did you submit documents to meet each guideline?
For Renewal requests, see the section titled Evidence for Renewal Requests Only.
If you were issued a final order of exclusion, deportation, or removal, did you include a copy of that final order (if
available and if you had not already submitted it to USCIS)?
If your exclusion, deportation, or removal proceedings were terminated by an immigration judge, did you include a
copy of the immigration judge’s termination order (if available and if you had not already submitted it to USCIS)?
If you have ever been arrested for, charged with, or convicted of any felony or misdemeanor in the United States
or any crime in any country other than the United States, did you submit an original, official, or court-certified
document that shows your complete arrest record and final disposition for each incident (if available and if you had
not already submitted it to USCIS)?

For Initial Requests Only

Did you submit evidence to show that you came to the United States while under 16 years of age?
Did you submit evidence to prove your identity, date of initial entry, and continuous residence from June 15, 2007 (or
earlier) up to the present time?
Did you submit evidence that you are currently in school, have a GED certificate, have graduated or received a
certificate of completion from high school, or are an honorably discharged veteran of the U.S. Armed Forces or U.S.
Coast Guard?
Did you provide evidence showing that you had no lawful status as of June 15, 2012?

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