The six basic criteria (you must meet all six) for qualifying for DACA are:
- You entered the United States on or before June 15, 2007 and have lived in the United States since then.
- If you entered the United States legally, your legal status expired on or before June 15, 2012.
- You entered the United States before your 16th birthday.
- On June 15, 2012 you were under 31 years old.
- You have either completed high school, or are working toward a GED, or have been honorably discharged as a veteran of the U.S. Coast Guard or military.
- You do not have more than three misdemeanor convictions (please note not all misdemeanor convictions count as convictions under for purposes of DACA). You have not been convicted of a felony or significant misdemeanor.
If you have never been in removal proceedings, remember you need to be 15 years old or older to file the DACA Form I-821D.
If you are in removal proceedings and you are over 15 years old, you may file the DACA Form I-821D if the immigration judge has terminated your removal proceedings.
If you are currently:
- in removal proceedings,
- have already been ordered removed,
- have been granted voluntary departure by the immigration judge, or
- your case has been administratively closed
Then you may file the DACA Form I-821D to request deferred action on your case. You can file for consideration even if you are under 15 years old at the time.
How do I file?
- Complete the new Form I-821D
- Complete the Form I-765
- Complete the Form I-765 Worksheet
- There is a filing fee of $465.00 ($380.00 for the Employment Authorization and $85.00 for fingerprints).
How do I renew?
For DACA renewal:
- IMPORTANT: US-CIS will not accept renewal filed with the old Form I-821D (6/25/2013 version). The New I-821D is now available.
- For renewals, you will not need to resubmit proof of eligibility, but US-CIS may still request additional documents (i.e., if you have suffered a criminal charge since your first DACA).
- Check the expiration of your Employment Card (EAD), make sure you file at least 120 days before it expires.
- CAUTION: do not file more than 150 days in advance, your application will be rejected!!
- ATTENTION: As with TPS, if US-CIS cannot timely process renewal applications, they will likely automatically extend your current EAD.
- If you applied for DACA with ICE, your renewal time is NOW and you can use the current Form I-821D (Version 6/25/2013).