Can I file a first time DACA request?

This page is general information, not legal advice.

Can I file right now?

Yes. USCIS says it will keep accepting first time DACA requests. It also says it will not process them, because of a federal court order from Texas. Your request will be held with no decision until the courts or the rules change.

That is hard news. If you already have DACA, none of this changes your renewal. Keep renewing.

Who counts as "first time"?

You file as a first time request if:

• You never had DACA, or
• Your DACA ended more than one year ago, or
• Your DACA was terminated.

If your DACA ended less than a year ago, and it was not terminated, you can still file a renewal. Renewals are being decided.

Who could qualify?

You must meet every rule:

• You came to the U.S. before your 16th birthday.
• You were born on or after June 16, 1981.
• You have lived here without a break since June 15, 2007. Travel without permission on or after August 15, 2012 breaks it.
• You were in the U.S. on June 15, 2012, and you are here on the day you file.
• You had no lawful status on June 15, 2012, and you have none when you file.
• You are in school, finished high school, earned a GED or certificate, or were honorably discharged from the U.S. military or Coast Guard.
• You have no felony, no significant misdemeanor, and not three or more other misdemeanors.
• You are at least 15 when you file, unless you are in removal proceedings or have a removal order.

What happens if I file now?

• It waits. You get no DACA and no work permit from it while the court order stands.
• You pay $605. USCIS rules say filing fees generally are not refunded, whatever the outcome, and any refund is up to USCIS (8 CFR 103.2(a)(1)). Its DACA pages say nothing about a request it never decides. Plan as if you will not get the money back.
• Unlawful presence keeps adding up while the request is pending, unless you were under 18 when you filed. This matters if you ever leave the U.S.
• The government will have your information. The DACA rule says it is generally not used to start deportation against you or your family, except in cases of crime, fraud or a threat to safety. That policy gives you no rights you can enforce in court, and it could change.

Should I file anyway?

It depends on your history. Some people file now so their request is ready if USCIS starts deciding again. Others wait. Arrests, past removal orders, travel and family all change the answer. A legal screening comes first.

If I decide to file, how do I do it?

1. Get the current forms from uscis.gov: Form I-821D (01/20/25), Form I-765 (08/21/25) and the I-765WS worksheet. Every page of a form must be from the same edition.
2. Gather proof for each rule: who you are, when you came, that you lived here since June 15, 2007, that you were here on June 15, 2012, and your school or military record. See What documents prove I qualify?
3. Fill out and sign each form by hand. Add two passport style photos. See How do I fill out the DACA forms?
4. Pay. Use two payment forms of the same type: Form G-1450 (card) or Form G-1650 (bank account), one for $85 and one for $520 (Five steps to file, checked October 21, 2026).
5. Copy everything, then mail it with tracking to the Phoenix Lockbox.

USCIS should send a receipt notice. Keep it. Then you wait.

What if USCIS sends it back?

USCIS rejects packets for simple mistakes. Its DACA filing tips list problems like a missing signature, a missing I-765 or I-765WS, old or mixed form editions, fee problems and required fields left blank (USCIS filing tips, checked October 21, 2026). A rejected packet is not filed. Fix the problem and send it again.

Is anyone offering a shortcut?

No. No one can get a first time request decided for a fee. A notario is not a lawyer. Only a lawyer or a DOJ accredited representative may give you immigration advice. See Warning signs of an immigration scam.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• For San Mateo County residents: Community Legal Services in East Palo Alto, (650) 326-6440; Legal Aid Society of San Mateo County, (650) 558-0915; Immigration Institute of the Bay Area (Redwood City consultations), (650) 587-1558; Catholic Charities, (650) 295-2160; San Mateo County Immigrant Services, (650) 363-4194
• For Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

Waiting is not the same as having no options. Take the next step with someone you trust.

Related questions

• What documents prove I qualify?
• What is happening with DACA in court?
• Who is considered undocumented?