On September 13, 2023, District Court Judge Hanen ruled that DACA is unlawful. The following remains the same:
View our court page to find out more details.
USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks:
USCIS may reject the entire package if you include a combined check for $495.
On October 5, 2022, the Fifth Circuit Court of Appeals published a decision on the Texas v. United States DACA case. The Court of Appeals agrees with the original judgment on the case that DACA is unlawful but renewals for existing DACA recipients will remain open. This means:
On April 12, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that DACA renewals can now be filed online. Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (DACA) and I-765 (Work permit) online. The online account provides a quick and easy method of submitting forms, paying fees, and tracking the status of USCIS applications. Initial DACA filings are not being processed at this time.
We know this can be overwhelming but some things to also keep in mind while you consider renewing:
USCIS will not reject a DACA renewal application because the person applied “too early” — there is no such thing as applying too early.
If you are eligible to renew, you should consider filing a DACA renewal application now.
We do not know how or when the U.S. Court of Appeals for the Fifth Circuit will rule in Texas v. United States, the case challenging the DACA program. The court will hear oral argument on July 6, 2022. A decision could be issued soon after that. We are concerned that the court will declare the DACA program illegal and stop USCIS from processing DACA renewals. People with pending DACA renewal applications may be in a better position than others depending on what the court orders.
If you are a DACA recipient that had interaction with law enforcement or ICE, you should consult an immigration attorney or a DOJ-accredited representative prior to submitting a renewal request.
USCIS filing fees for DACA renewals remain at $495 total. When filing, you should include two separate payments in your request, one for each form. If you are paying by check or money order you must include a check for $410 for the Form I-765 (work permit) and a separate check for $85 for the Form I-821D (DACA renewal).
Checks that are made for $495 (the full cost of requesting DACA) may be returned and USCIS may reject the entire package.
When submitting your DACA renewal take into consideration processing delays with the USPS considering COVID-19 delays and other possible changes. If you’ve already filed your DACA renewal request and are seeing delays, visit “Steps to Take if Your DACA Renewal Is Delayed.”
The following information will help you to prepare to file either online or by mail, but should not be considered as legal advice and should not replace legal advice from an attorney or certified representative. Everyone’s case is different, which is why we strongly urge you to consider seeking out assistance from local non-profit organizations that provide free to low-cost legal assistance or visit our DACA renewal help page to see renewal clinics near you.
With Guidance from “How to Easily Renew Your DACA in 2022” created by United We Dream.
DACA renewals can now be filed online. The online account provides a quick and easy method for submitting forms, paying fees, and tracking the status of USCIS applications.
Track Your Case Online. You can come back to your USCIS account to check on the status of your renewal. USCIS has started to request biometrics for certain cases again, therefore ensure that you keep track of your application status in case they request your biometrics. Failure to show up for your biometrics appointment could result in delay or denial of your renewal application.
You may encounter some questions that weren’t on the paper applications. Below are some helpful ways to answer, if you are unsure how you should answer please speak to an attorney or DOJ-accredited representative.
There is currently no category for DACA. No Lawful Status (NLS) would be the most appropriate option for a DACA recipient filing their I-765.
The most common answer is “no”. The overwhelming majority of applicants are granted DACA by USCIS. ICE granted DACA to a small number of noncitizens who were in detention when DACA was first announced, in June 2012.
To qualify for DACA, you must have been out of status on June 15, 2012. If you never had lawful status or if you don’t know whether you ever had lawful status, you may wish to respond with, “no lawful status.” If you entered the United States using a visa and your status had lapsed by June 15, 2012, you may wish to respond with, “status expired.” If you have copies of your previous DACA application forms, you should review your answer to this question to remain consistent.
Stay away from immigration “consultants” that are not licensed or accredited to provide you with immigration services. Check out this fraud prevention resource.
With Guidance from “How To Easily Renew Your DACA” created by United We Dream
Find a renewal clinic, accredited rep., or immigration attorney who can assist you with your filing.
Find your previous renewal filing and use it as a guide as you complete your new renewal filing. You can cross-reference your old and new filings to ensure the information is consistent. But make sure the information you provide on your new renewal filing is updated. For example, if you recently moved, make sure your current physical and mailing address is listed on your DACA renewal form.
Make sure to download the correct and most current DACA request and work permit forms directly from USCIS. If a form is out of date, USCIS may reject your filing.
You will need to download and complete the following forms:
Accurately fill out all forms. Remember to read all instructions on the forms thoroughly, and to double-check your responses with the responses you included in your previous renewal filing so that the information is consistent. It is recommended that you fill out the forms digitally to make sure all information is readable. If you are filling them out by hand, make sure you write clearly with a black pen.
A cover letter includes a checklist of the items in the filing to help the USCIS officer easily see what they are about to review. Check out UWD’s cover letter template as a starting point.
Purchase your money order from your local U.S. Post Office or bank—we strongly advise using a money order because USCIS does not accept cash. The money order should be for $410 for Form I-765 (work permit) and a separate check for $85 for Form I-821D (DACA renewal). It should be made out to “U.S. Department of Homeland Security” (do not use abbreviations like “DHS”).
Photocopy your entire filing, including your money order and all supporting documentation, as well as any receipt for mailing your filing, and keep the copy in a safe place.
Package and send your DACA renewal filing. We recommend that your renewal packet be in the following order to make it easier for review:
Where should you send your renewal request? This depends on your location. USCIS has a quick reference guide on where to send your renewal request based on your location.
Tip: Do not staple your request together. This makes it harder for the review process and your filing could even be rejected by USCIS. Instead, use paper clips.
Tip: We also strongly advise that you mail using priority shipping that includes a tracking number. The USPS’ Priority Mail flat-rate envelopes are perfect for this.
After reviewing and double-checking your renewal filing for accuracy, and, ideally, upon final review by an attorney or legal representative, you are ready to send.
**IF you were arrested between your last DACA grant and now, you MUST go see an attorney before submitting your filing.**
Paying the DACA renewal fee of $495 can be a barrier when deciding to renew. Take a look at some recommended financial resources and advice we adapted from our friends at the HomeIsHere campaign:
As of June 16, 2021, USCIS will no longer process new DACA requests though they will receive them and hold them. Here is what they say: “USCIS is continuing to accept initial DACA requests. If you file an initial DACA request with USCIS on or after July 16, 2021, you will receive a receipt notice, and USCIS will process your payment. However, USCIS will not adjudicate your request while the court order remains in effect.”
If you are eligible to renew your DACA, you should strongly consider gathering your paperwork, talking to an attorney or DOJ-accredited representative, and submitting your renewal request if your status expires within a year. USCIS is currently accepting renewal requests.
If it’s been less than a year since your DACA expired, then you can still file your renewal normally. Don’t let your DACA lapse.
If you had DACA but your DACA expired more than a year ago, you will need to file the renewal as if it were an initial filing. However, the Texas judge’s order does not allow USCIS to actually process any initial DACA requests, which includes someone who files an initial request because their DACA expired over a year ago. While USCIS has indicated it will accept initial DACA requests, it will not be able to process your filing. You should strongly consider talking to an attorney or DOJ-accredited representative and begin gathering your paperwork.
We understand that seeking assistance from a private attorney can be expensive for some. We recommend you find help from non-profit organizations that provide free to low cost legal assistance. An attorney at either a private firm or at a non-profit can ask you questions that will help determine if you might be able to apply for another type of immigration benefit. An attorney can also best help you make a decision about renewing based on your individual circumstances.
Stay away from immigration “consultants” that are not licensed or accredited to provide you with immigration services. Check out this fraud prevention resource.
Thank you for your feedback. Your submission has been successful.