USA and the UK
- What is Form I-821D?
- Who needs to file Form I-821D?
- What is DACA?
- How do you fill out Form I-821D?
- What supporting documents should accompany Form I-821D?
- Where to file Form I-821D
- How long does Form I-821D take to process?
- What is the filing fee for Form I-821D?
- How can IAS help me with my DACA application?
- Frequently Asked Questions
What is Form I-821D?
Form I-821D (Consideration of Deferred Action for Childhood Arrivals) is the official government form used to apply for DACA status by the United States Citizenship and Immigration Services (USCIS). This form can also be used to renew a DACA recipient’s existing status.
Along with Form I-821D, DACA applicants will also need to file Form I-765 (Employment Authorization Document) to be eligible to legally work in the United States.
Who needs to file Form I-821D?
Current DACA recipients and new applicants who are interested in applying for the DACA program will be able to apply for Form I-821D.
Individuals who are renewing their DACA status will need to meet the following requirements:
- The DACA recipient has not left the United States on or after August 15th, 2012 without being issued Advance Parole from the USCIS
- The DACA recipient has resided continuously in the United States since being granted DACA status (which must be still current)
- The DACA recipient does not have any felony convictions, significant misdemeanors, or 3 or more misdemeanors
- The DACA recipient does not pose a threat to national security or public safety
Furthermore, to be eligible to file Form I-821D, all applicants must never have been in removal proceedings. If the applicant has been in removal proceedings, they can still apply if:
- The removal proceedings were terminated by an immigration judge before they filed their DACA application
- They would like the USCIS to consider deferring action in their situation (such as a having final order of removal, exclusion, deportation issued in another context, voluntary departure order, or have been in administratively closed proceedings)
What is DACA?
Deferred Action for Childhood Arrivals (DACA) is a form of Temporary Protected Status that was created in 2012 by the executive order of then-President Barack Obama. This program allows individuals without a legal immigration status (also known as undocumented) to stay and legally work in the United States without the threat of deportation.
To be eligible to file for DACA, program applicants must have come to the United States as minors (children under the age of 18) with their families and not have a current valid and legal immigration status. If they are able to meet the requirements for the program and are approved, DACA recipients will be granted access to file for legal work permits, social security numbers, and driver’s licenses, and are free to stay in the United States without the threat of deportation.
DACA status is usually valid for 2 years at a time and can be renewed if the recipient has not been found to be in violation of the terms of the DACA program. Currently, the program does not offer any pathway to U.S. permanent resident status or citizenship.
How do you fill out Form I-821D?
There are 8 parts of Form I-821D which are as follows:
- Information about the applicant
- Residence and Travel information
- Information about the applicant’s arrival in the United States
- Criminal, National Security, and Public Safety Information
- Statement, Certification, Signature, and Contact Information
- Contact information, Certification, and Signature of the interpreter
- Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other than the applicant
- Additional Information
This section will require the applicant to submit biographical information about themselves such as name, current mailing address, date of birth, gender, place of birth, nationality, marital status, ethnicity, and hair and eye color. Information such as name and birthdate must be with the applicant’s birth certificate, passport, or other official identification documents.
In addition, the applicant will need to specify if this application is an initial or renewal request. If renewing, the applicant will need to provide their Alien Registration Number (a nine-digit number given to the DACA recipient upon approval) and Social Security Number (if they have one). All applicants must also provide information about their current immigration status and if they have or will be in removal or deportation proceedings.
The second section requires the applicant to provide information regarding their residence in the United States and if they have at any time traveled outside of the U.S. in that time. Applicants will need to provide the address of where they currently reside and include information regarding how long they have resided there.
If the applicant has traveled outside the United States while in the DACA program, he/she will need to indicate whether or not they traveled under Advance Parole. The applicant will also need to provide information regarding their passport such as the passport number, country where it was issued, and expiration date.
This section requests information about how the applicant entered the United States and should only be filled out for individuals who are applying for DACA for the first time.
Applicants will need to provide information regarding their immigration status on June 15th, 2012, and if they were physically present in the United States at that time. In addition, they will also need to provide information regarding when they first came to the U.S. such as the name of the border crossing point or the U.S. city where they entered the United States.
Furthermore, applicants will need to provide proof that they meet the educational requirements. This includes providing the name of the schools attended, certifications or degrees acquired, and/or information regarding military enrollment.
Information in this section will be used to determine if the applicant is a criminal, national security, or public safety threat. All applicants will be required to answer these questions truthfully.
Questions in this section will regard whether or not the applicant has ever been arrested, the reasons for their arrest (if applicable), and if any of these arrests led to charges and/or criminal convictions.
It should be noted that applicants are only eligible for DACA if they have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, or if they pose a threat to national security or public safety. If you have been arrested for anything other than a traffic violation, consult with an immigration attorney to discuss your eligibility and options for DACA status.
This part of the section requires the applicant to sign and certify that information provided in the application is accurate and true.
This section of the form is only applicable if the applicant has used an interpreter to help them fill out and complete the form. If so, the interpreter will then need to sign the form and provide their information.
If the applicant has had someone else such as a lawyer, friend, or relative prepare their application, then this section will need to be filled out with that person’s information. If the applicant has completed the form him/herself then the applicant can write “N/A”.
Applicants who would like to provide additional relevant information regarding their application can do so in this section. This may include additional names and addresses used in the past, explanations of arrests, etc.
What supporting documents should accompany Form I-821D?
The supporting documents that need to accompany Form I-821D will depend if the applicant is applying for DACA for the first time or if they are renewing their status.
New applicants applying for DACA for the first time will need to provide the following:
- Evidence of their age
- Any documents that prove the applicant came to the United States before their 16th birthday
- Any evidence that the applicant has resided in the United States since June 15th, 2007
- Any evidence that the applicant was present in the United States on June 15th, 2012
- Any documents that prove the applicant has attended high school, college, or university in the United States
- Any documents that prove the applicant has military experience (if applicable)
Renewal applicants will need to submit supporting documents if any of their information has changed from the previous application. If the USCIS requires any additional evidence, they will inform the renewal applicants.
All applicants who are currently in exclusion, deportation, or removal proceedings or have been charged or convicted of a felony or misdemeanor will need to provide supporting documents relating to their circumstances.
Supporting documents can be submitted in photocopy form. Furthermore, all documents will need to be in English. If not in English, certified translations will need to accompany the application.
Where to file Form I-821D
Once you have completed Form I-821D you can send it and all other supporting documents by mail to the address of the USCIS office specified to your location.
Immigration officials at the USCIS office will then check your form for completeness and request any additional information or evidence if needed. In some cases, the DACA applicant may be required to come to the USCIS for an interview.
As part of the process, all first-time DACA applicants will need to provide biometric evidence in the form of a photograph, fingerprints, and a signature at a designated biometric collection center. Applicants will be informed on where to go to provide biometric information.
Renewal applicants can file their renewal application online through the USCIS official website however all first-time applicants will need to file Form I-821D with a paper application sent to a USCIS office by mail.
How long does Form I-821D take to process?
USCIS reviews each DACA application on a case-by-case basis. As a result of this thorough review along with possible backlogs and an influx of applications, the processing of Form I-821D may take months to process (around 120 days).
Therefore, it is recommended that you submit Form I-821D at least 120-150 days before your current DACA status is set to expire.
What is the filing fee for Form I-821D?
Filing Form I-821D doesn’t cost a thing. There is no filing fee to apply for DACA. However, biometric services and Form I-765 (Employment Authorization Document) both incur fees which are as follows:
- Biometric Services Fees: $85
- Form I-765 (Employment Authorization Document) filing fee: $410
These fees can be paid to the government agency that oversees USCIS, the U.S. Department of Homeland Security (DHS). Payments can be made by money order, personal check, or cashier’s check.
It is important to note that USCIS service centers can not process credit card payments however, individuals who are filing their immigration forms at a Lockbox facility may be able to pay by credit card using Form G-1450 (Authorization for Credit Card Transactions).
How can IAS help me with my DACA application?
Applying for DACA can be tricky. It can be challenging to provide the necessary paperwork to prove your eligibility and can even become more complicated if you have prior arrests. That’s why our immigration attorneys stay up-to-date with the latest developments in the DACA program.
Our law firm can make sure that all the forms you will submit to the USCIS are completed to the highest standard and advise you on your immigration options if any problems arise.
If you would like to get in touch with our experienced immigration professionals to confidentially discuss your unique case, call us today at +1 844 290 6312.
We are here to help you in person, over the phone, or online.
Last modified on September 7th, 2022 at 7:18 am
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The Deferred Action for Childhood Arrivals (DACA) Program is only open to undocumented immigrants (individuals who are living in the United States without legal immigration status) who arrived in the United States as children under the age of 16.
Furthermore, there are a certain set of requirements that undocumented immigrants must meet in order to apply for and be approved for the DACA program. These include the following eligibility criteria:
- Applicants must have entered the United States prior to their 16th birthday
- Applicants must have lived in the U.S. continuously since June 15, 2007
- Applicants must have been under the age of 31 on June 15, 2012 (This means that they were born on or after June 16, 1981)
- Applicants must make a request for an application to DACA
- Applicants must be without a lawful and valid immigration status
- Applicants must have completed high school, obtained their GED, been honorably discharged from the military, or are currently enrolled in school
- Applicants must have a clean criminal history and pose no threat to national security or public safety (no serious criminal convictions)
Unfortunately, the DACA program is not open to older applicants born before June 15th, 1981, or younger applicants who have arrived in the United States after June 15th, 2007.
Furthermore, all applicants must be undocumented and are currently living and working in the United States without valid and legal immigration status.
Due to controversy concerning the DACA program’s legitimacy, the DACA program has had many legal struggles in the past 5 years causing problems for both first-time DACA and renewal applicants.
As the law stands now, the DACA program will continue to allow applicants to renew their status as long as they have not violated the terms of the problem. This may include leaving the United States without advanced parole, committing a serious crime, or being classified as a threat to either national security or public safety.
Advance Parole is an official travel document issued by the United States government to individuals who have uncertain immigration status, like DACA recipients or individuals who have immigration applications pending with USCIS.
Advance Parole grants permission for foreign nationals to re-enter the United States after traveling abroad. This travel document must be granted and obtained prior to any travel outside the United States.
As always, consult with an experienced immigration professional if you need to travel outside the United States and would like help with your application for Advance Parole.