If you’re eligible for the Deferred Action for Childhood Arrivals (DACA) program, you can apply by filing Form I-821D with U.S. Citizenship and Immigration Services (USCIS). This form is used to request that USCIS exercises its discretion to grant you “deferred action,” meaning that you are temporarily exempted from removal or deportation from the United States.
What Does Deferred Action Mean?
When USCIS grants you deferred action, it means they have decided not to pursue your removal from the country for a certain period. While you are under deferred action, you can also apply for work authorization and permission to travel outside the U.S. This gives you some peace of mind, knowing that you’re not at risk of deportation during this time.
Important Update on DACA
In July 2021, a federal judge ruled that new DACA applicants could no longer apply. However, USCIS clarified that people who were approved for DACA before July 16, 2021, can continue to have DACA status and renew their work permits. Although the Department of Homeland Security (DHS) still accepts initial DACA applications, they cannot approve them due to the judge’s decision.
For many DACA recipients who are married to U.S. citizens or who entered the U.S. with a valid visa, Law and Visas can provide support in managing their immigration status.
What Is Form I-821D?
Form I-821D, titled “Consideration of Deferred Action for Childhood Arrivals,” is the official form used to apply for initial DACA status or to renew your DACA status. If you’re applying for DACA for the first time, you will need to file Form I-821D along with Form I-765, which is the work authorization application. Even if you’re only renewing your DACA status, you still need to file both forms.
Who Can Apply for DACA?
To apply for DACA for the first time or to renew your DACA status, you must meet specific eligibility criteria. Here’s what you need to know:
Initial Applicants:
- You must have arrived in the U.S. before your 16th birthday.
- You need to have continuously lived in the U.S. since June 15, 2007, and were living here on June 15, 2012.
- You cannot have been convicted of a felony or a significant misdemeanor, and you must not pose a danger to national security or public safety.
Renewal Applicants:
- You must have had DACA status before and be applying for an extension.
- You cannot have left the U.S. without advance parole (permission to travel) after August 15, 2012.
- You need to have lived continuously in the U.S. since your last DACA approval.
Additional Requirements:
- If you’ve been in removal proceedings or have a final removal order, you can still apply for deferred action.
- If your case has been closed by an immigration judge or if you are seeking renewal of your DACA status, you can use Form I-821D.
How to Fill Out Form I-821D
Form I-821D has multiple parts, and the process may vary slightly if you’re applying for the first time or renewing your DACA. Here’s a breakdown of the sections:
- Part 1: Personal Information
This section requires basic details like your name, contact information, and whether you’re applying for initial DACA or renewal. - Part 2: Residence and Travel
Here, you’ll provide information about where you’ve lived and traveled. If you’re applying for renewal, you will have to provide less detail than first-time applicants. - Part 3: Arrival Information
First-time applicants must complete this section to explain when and how they arrived in the U.S. If you’re renewing your status, you can skip this part. - Part 4: Criminal History and National Security
You will be asked questions about your criminal history and any concerns about national security. Be honest and thorough when answering. - Part 5: Signature and Certification
This is where you sign the form, confirming that the information you provided is accurate. - Part 6: Interpreter Information
If you needed an interpreter to help with your application, they must provide their details here. - Part 7: Preparer Information
If someone, like an attorney, helped prepare your application, their details will go here. - Part 8: Additional Information
Use this section if you need extra space to explain something on the form.
What Evidence Do You Need to Submit?
When submitting your DACA application, you’ll need to provide supporting documents that prove your eligibility. For first-time applicants, the evidence required may be more detailed, including:
- Proof of age (e.g., birth certificate).
- Documents showing you came to the U.S. before your 16th birthday.
- Proof that you have lived continuously in the U.S. since June 15, 2007.
For renewal applicants, the required documents depend on whether anything has changed in your situation. For example, you may need to show evidence if you’ve been involved in legal matters or removal proceedings.
How Much Does It Cost to Apply?
Although Form I-821D itself does not have a filing fee, you must pay the Form I-765 fee, which is currently $520. This fee covers your application for work authorization as part of the DACA process.
What Happens After You Apply?
Once you submit your application, USCIS will review it. They will check to make sure that everything is complete. If your application is missing anything or if you need to provide more evidence, USCIS will let you know.
Here’s what could happen after you file your form:
- USCIS might schedule an interview or request biometrics (like fingerprints and photographs).
- They will decide whether granting deferred action is appropriate for your case.
- If approved, you will receive a notification from USCIS about your DACA status.
How Long Does It Take for USCIS to Process Form I-821D?
The processing time for Form I-821D is typically around 6 months, although it may take longer depending on your specific circumstances. It’s important to check regularly for any updates on your case.
What If My Form I-821D Is Denied?
If your DACA request is denied, you cannot appeal the decision. However, USCIS will not refer your case to Immigration and Customs Enforcement (ICE) unless your case involves criminal activity, fraud, or a threat to national security.
Can I File Form I-821D Online?
Yes, USCIS allows you to file Form I-821D online. This is a more convenient option for many people and can speed up the process. You can find instructions for online filing on the USCIS website.
Conclusion
Applying for DACA is a significant step for individuals who came to the United States as children. By completing Form I-821D, you can request deferred action and avoid deportation, while also gaining the ability to work and travel.
If you’re unsure about your eligibility or need help with the application process, Law and Visas can guide you through the entire process, ensuring that all paperwork is submitted correctly and on time. Reach out today to begin your journey toward DACA approval.
