Can I apply for DACA for the first time?

This page is general information, not legal advice. Talk with an immigration lawyer or a DOJ accredited representative before you file. For renewals, see the DACA hub.

Can I apply for DACA right now?

Yes, you can send a request, and USCIS will accept it. But USCIS says it will not process first time requests because of a court order in Texas. Your request will wait, with no decision, until the courts or the rules change.

We know that is hard to hear. If you already have DACA, this does not affect you. You can keep renewing.

Who could qualify?

You must meet every one of these rules:

• 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. Short, innocent trips before August 15, 2012 may be allowed. A trip 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, and you are not seen as a threat to safety.
• You are at least 15 when you file, unless you are in removal proceedings or have a removal order.

A significant misdemeanor includes DUI, domestic violence, burglary, drug sales and some weapons charges. Ever been arrested, even as a minor? Tell your lawyer before you file. More on these rules: Keep your DACA.

What happens if I file now?

• USCIS accepts it, and then it waits. You will not get DACA or a work permit from it while the court order stands.
• You pay the full fee. $605, with no fee waivers. 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 $605 back.
• Time can still count against you. USCIS says unlawful presence keeps adding up while a first time request is pending, unless you were under 18 when you filed. This matters for the 3 and 10 year bars if you ever leave the U.S.
• The government will have your information. The DACA rules say the information you give is generally not used to start deportation against you or your family, except in cases of crime, fraud or a threat to safety. But this policy does not create rights you can enforce in court, and it could change.

Should I still file?

It depends on your history. Some people file now so their request is ready if USCIS starts deciding first time requests again. Others wait. The right choice turns on arrests, past removal orders, travel and family. There is no one answer for everyone. That is why a legal screening comes first.

Can I file online?

No. Only people who had DACA before can file online. First time requests go on paper. From California, mail it to the USCIS Phoenix Lockbox: by USPS to USCIS, Attn: DACA, P.O. Box 20700, Phoenix, AZ 85036-0700, or by FedEx, UPS or DHL to USCIS, Attn: DACA (Box 20700), 2108 E. Elliot Rd., Tempe, AZ 85284-1806. Check the official address page the day you mail (checked October 21, 2026).

How do I pay, and what goes in the envelope?

USCIS no longer takes checks or money orders for mailed forms. Pay by card with Form G-1450 or from a U.S. bank account with Form G-1650. USCIS asks for a separate payment form for each request, and all payment forms in one envelope must be the same type (Five steps to file, checked October 21, 2026). For DACA that means one form for $85 (I-821D) and one for $520 (I-765), both card or both bank. If the money is not there when USCIS charges it, the whole packet comes back.

The packet holds Form I-821D, Form I-765, the I-765WS worksheet, two passport style photos, your payment forms, and copies of your proof. For the full packet and how to prove each rule, see How do I fill out the DACA forms? and Proving you have lived here since 2007.

Is anyone offering a shortcut?

No. No one can get a first time request decided for a fee. Anyone who promises that may be running a scam. Only a lawyer or a DOJ accredited representative may give you immigration advice. See Warning signs of an immigration scam.

Who can help?

These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Department of Social Services: a map of state funded immigration legal services. Call (916) 651-8017.
• For San Mateo County residents: the groups below.
• 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 (San Mateo County): (650) 295-2160
• More in San Mateo County: county list of legal help, or call San Mateo County Immigrant Services at (650) 363-4194.
• For Santa Clara County residents: Office of Immigrant Relations partners

To check that someone is a real lawyer or accredited representative, use the State Bar of California attorney search or the Department of Justice accreditation roster.

What should I bring to a legal screening?