DACA filings require extra attention because court decisions continue to affect how requests are handled. Applicants should not rely on an old checklist, a previous filing package, or advice written several years ago.
As of USCIS’s June 1, 2026 update, the agency continues adjudicating most DACA renewal requests. USCIS continues accepting initial requests but states that it is not processing initial requests under the applicable court orders.
Start With the Current USCIS Rules
Form I-821D is used to request consideration of Deferred Action for Childhood Arrivals. Current USCIS instructions also require Form I-765 and Form I-765WS to accompany a DACA request.
The official USCIS DACA page should be checked immediately before filing because litigation can change what USCIS is permitted to approve or process.
People reading general case narratives may encounter discussions about legal disputes, but court-related commentary cannot substitute for USCIS’s current filing instructions.
Renewal Timing Deserves Close Attention
USCIS instructions state that a renewal submitted more than 150 days before the current DACA period expires may be rejected and returned. The agency encourages renewal requestors to file early within that 150-day period, ideally at least 120 days before expiration.
Because policies and filing fees can change, applicants should verify the required edition, filing location, payment method, and fee immediately before submitting.
General court-focused commentary can provide background reading, but it should never be used to determine whether a DACA filing is currently permitted.
| Item | What to Confirm | Risk if Missed |
|---|---|---|
| Form I-821D | Current edition and answers | Rejection or delay |
| Form I-765 | Correct employment category | Filing problem |
| Form I-765WS | Required supporting worksheet | Incomplete package |
| Prior DACA dates | Expiration and history | Wrong filing approach |
Evidence Depends on Filing History
Initial requestors and renewal requestors do not necessarily submit identical evidence. USCIS instructions contain separate evidence sections, which is another reason not to copy someone else’s application package.
A person whose last DACA period expired more than one year ago, or whose DACA was terminated, is instructed to follow the initial-request instructions rather than ordinary renewal instructions.
Accurate statements also matter. Broader testimony-related resources may emphasize careful documentation, but immigration evidence requirements must come from USCIS.
Where DACA Filing Assumptions Go Wrong
A major mistake is confusing USCIS’s willingness to accept an initial DACA request with its ability to process or grant that request. Those are not the same thing under the current litigation posture.
Another error is assuming an earlier approved renewal guarantees another approval. DACA remains a discretionary determination made case by case, and changes in a person’s history may require closer review.
When to Get Immigration Legal Help
Legal review is especially important after an arrest, criminal charge, conviction, prior removal proceeding, travel outside the United States, false statement, previous DACA termination, or uncertainty about eligibility.
Because DACA litigation remains active, professional advice may also be useful for someone considering an initial filing and trying to understand what submitting an unprocessed request could mean for their circumstances.
Frequently Asked Questions
Is USCIS currently processing first-time DACA requests?
USCIS states that it continues to accept initial requests but is not processing them under current court orders. Applicants should verify the DACA litigation page immediately before filing because the situation can change.
What forms are generally filed with a DACA request?
Current USCIS instructions require Form I-821D together with Form I-765 and Form I-765WS. The correct editions and current filing instructions should be verified before submission.
How early should a DACA renewal be filed?
USCIS encourages renewal filing within the 150-day period before expiration and ideally at least 120 days before the current DACA period ends. Filing too early may result in rejection.
Verify the Rules Before Sending Anything
DACA is an area where yesterday’s instructions may not answer today’s filing question. Check the current USCIS litigation notice, use the correct forms, review your previous DACA history, and make sure every answer is accurate.
If your case involves criminal, removal, travel, or eligibility complications, individualized legal advice can help identify risks before the request reaches USCIS.
This article provides general immigration information and is not a substitute for legal advice about an individual case.
