What do I need to apply for DACA the first time?

This is general information, not legal advice.

Can I apply right now?

Yes, you can send a first time request, and USCIS will accept it. But USCIS says it will not process first time requests now because of a court order from Texas. In January 2025, an appeals court limited that order to Texas and sent the case back to the trial judge. USCIS still treats first time requests the same in every state: accepted, not decided. The case is pending in the trial court (Texas v. United States, S.D. Tex. No. 1:18-cv-00068). Its public docket shows the latest entry on September 17, 2026 and no new ruling on the merits as of October 21, 2026. See What is happening with DACA in court?

We know that is hard to hear. It is still worth getting ready, and a screening may show you have another option.

Who qualifies?

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 in the U.S. without a break since June 15, 2007. A trip without permission on or after August 15, 2012 breaks it.
• You were in the U.S. on June 15, 2012, and 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 (such as DUI or domestic violence), 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 papers do I need?

Papers that prove each rule. The examples below follow USCIS's own lists in the DACA FAQ, Chart #1 and the Form I-821D instructions (checked October 19, 2026). Your clinic will tell you what works best for you. Bring copies and keep the originals.

• Who you are: passport or national ID with a photo, a birth certificate with a photo ID, or a school, military or state ID with a photo. Expired IDs are acceptable.
• When you came: a passport admission stamp, an I-94 record, travel records, or U.S. school, medical or religious records from your early years.
• That you stayed: rent receipts, utility bills, employment, school, medical, bank or religious records, spread across the years since 2007. USCIS says it helps to have proof for at least each year. Two or more sworn statements from other people can explain a gap, but cannot cover the whole time (USCIS DACA FAQ Q33, checked October 21, 2026). See How to prove you have lived in the US since 2007.
• That you were here on June 15, 2012: a dated record from that day or close to it on both sides. USCIS does not accept sworn statements for this one.
• School or service: a transcript, diploma, GED certificate, current enrollment letter, or military discharge papers.
• Your history: every arrest, ticket, charge or court paper, even if dismissed or from when you were a minor, and any past immigration papers.

What forms do I file?

• Form I-821D, marked as an initial request.
• Form I-765, category (c)(33).
• Form I-765WS, listing your own income, expenses and assets.

First time requests must be filed on paper. Only people who had DACA before can file online. Pay by card (Form G-1450) or bank account (Form G-1650). USCIS no longer takes checks or money orders unless you have an approved exemption.

What happens after I file?

• USCIS accepts it, and then it waits. No DACA or work permit comes from it while the court order stands.
• Federal rules say filing fees are generally not refunded, whatever happens, and any refund is up to USCIS (8 CFR 103.2(a)(1), checked October 21, 2026). USCIS's DACA pages say nothing about a request it never decides. Plan as if you will not get the $605 back.
• Unlawful presence keeps adding up while a first request is pending, unless you were under 18 when you filed. That matters if you ever leave the U.S.
• Do not travel. You cannot get advance parole on a pending first request, and a trip breaks your eligibility.
• The DACA rules say your information is generally not used to start deportation against you or your family, except in cases of crime, fraud or a safety threat. That policy does not create rights you can enforce in court, and it could change.

Should I file now or wait?

There is no single answer. Some people file so their request is ready if USCIS starts deciding again. Others wait. Arrests, old removal orders, past trips and family ties all change the answer. That is why the screening comes first.

How long does it take to get ready?

Give yourself a few weeks. Old records can be slow to arrive, and a free legal screening may have a wait. Here is the order we suggest (our planning tip, not a USCIS rule):

1. Week 1: list every school, home and clinic since 2007. Call to book a free screening.
2. Weeks 2 to 6: request school, medical and tax records. Ask anyone who can sign a sworn statement for a gap.
3. Screening: bring everything. Ask whether to file now or wait, and whether you qualify for anything else.
4. If you file: print the current editions, sign by hand, pay with Form G-1450 or G-1650, keep a full copy and mail by a trackable service.

Example (made up): Kevin is 17 and came to the U.S. at 4. He never had DACA. His mom requests his school records from the district office and his vaccine record from the clinic. He books a free screening, and the lawyer reviews his records and tells him whether filing now makes sense while USCIS is not deciding first time requests.

Is there a list I can print?

Where can I get free help?

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

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

No one can get a first time request decided faster for a fee. See Warning signs of an immigration scam.

Related questions

• What is the latest news on DACA?
• Who can help me file my DACA application in California?
• How do I fill out the DACA application forms?

Full guide: Is DACA still open? Renewals, first time requests and what you can file now. Also see Can I apply for DACA for the first time?