Form I-821D

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.

There are 8 parts of Form I-821D which are as follows:

1. Information about the applicant
2. Residence and Travel information
3. Information about the applicant’s arrival in the United States
4. Criminal, National Security, and Public Safety Information
5. Statement, Certification, Signature, and Contact Information
6. Contact information, Certification, and Signature of the interpreter
7. Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other than the applicant
8. Additional Information

Part 1

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.

Part 2

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.

Part 3

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.

Part 4

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.

Part 5

This part of the section requires the applicant to sign and certify that information provided in the application is accurate and true.

Part 6

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.

Part 7

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”.

Part 8

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.

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.

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.

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.

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).

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.