Form I-821D (officially called “Consideration of Deferred Action for Childhood Arrivals”) is used to apply for initial DACA status or to renew your existing DACA status. All individuals filing Form I-821D, whether for a new application or a renewal, must also file Form I-765 for work authorization. If you are eligible to apply for the Deferred Action for Childhood Arrivals (DACA) program, you can file Form I-821D to request that U.S. Citizenship and Immigration Services exercise discretion toward you and, essentially, exempt you from removal or deportation proceedings.

USCIS will consider this, known as “deferring action”, on a case-by-case basis and based on certain guidelines. If you receive deferred action, you will not be placed into removal proceedings or removed from the United States for a specified period of time.

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;
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:

1. You never had a lawful immigration status on or before June 15, 2012; or
2. Any lawful immigration status or parole that you obtained prior to June 15, 2012 had expired as of June 15, 2012.
3. 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
4. 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. 

Who can use Form I-821D?

There are two initial application eligibility criteria. Applicants who are applying for DACA for the first time, and those applying for an extension of DACA status.

For a new application under the DACA process, you must meet some special requirements.      For an application to renew your existing DACA status, you must meet the following eligibility criteria:

• You did not leave the United States on or after August 15, 2012 without advance parole (a travel permit from USCIS).
• You have continuously resided in the United States since you submitted your most recent request for DACA that was approved up to the present time.
• Have no felony convictions, a significant misdemeanor, or three or more misdemeanors, and do not pose a threat to national security or public safety.

Then there are a final few eligibility criteria for both application types, which mostly involve deportation and legal proceedings. To be eligible to file Form I-821D you must fall into one of these categories:

• Have never been in removal proceedings.
• Have been in removal proceedings but those proceedings were terminated by an immigration judge prior to your application.
• 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.
• Have a deferred case and be seeking renewal of your DACA status.