DACA Application Package

According to the Center for American Progress, it’s estimated that 1.8 million people in the U.S. meet the requirements to make a DACA application. However, only approximately 800,000 individuals were enlisted in this program and have become DACA recipients as of March 2020.

Individuals have two different application eligibility routes for form I-821D consideration. Applications are separated by those who are first-time applicants and those who are applying for a DACA status extension.

All new applications filed under the DAC process are eligible if:

• They entered the U.S. illegally before their 16th birthday.
• They have been living continuously residing in the U.S. since June 15, 2007.
• Be born on June 16, 1981, or after (Application needs to be less than 31 years old on June 15, 2012).
• Don’t have any lawful status on June 15, 2012.
• Were physically present at the time of making their request for consideration of deferred action with U.S. Citizenship and Immigration (USCIS) and inside U.S. borders on June 15, 2012.
• Be enrolled in school, have completed their GED (or some form of higher education), or have been honorably discharged from the U.S. armed forces.
• They don’t pose a threat to national security and public safety, don’t have three or more misdemeanors, and haven’t been convicted of a serious misdemeanor or felony.

DACA renewal applicants need to meet the following eligibility requirements to renew their existing DACA status:

• Have no significant misdemeanor or felony convictions, do not pose a threat to national security and public safety, or do not have three or more misdemeanors.
• Have continuously resided within the U.S. since submitting the most recent request for DACA, that’s been approved up to the present time.
• Has not left the U.S. either on or after August 2012 without receiving advance parole (which is a travel permit provided by USCIS)

First-time applicants and those applying for a DACA renewal have their own set of All applicants fulfilling these DACA eligibility requirements can file Form I-821D. However, both types of DACA applicants also need to meet one of these categories:

• Applicants have a deferred case and are seeking a renewal request for DACA.
• Applicants have never been in removal proceedings.
• Applicants have gone through removal proceedings, but an immigration judge terminated these proceedings before submitting the application.
• Applicants are in removal proceedings, have been sentenced to a final order of removal, deportation, or exclusion issued in any context, proceedings regarding this DACA status have been administratively closed, or have been given a voluntary departure order, individuals can file Form I-821D to request USCIS defer action in your immigration case.

All applicants fulfilling these DACA eligibility requirements can file Form I-821D.

Form I-821D consists of seven parts. Treated on a case-by-case basis, some sections might not be applicable to the specific applicant filing out the form.

Significant evidence is also required during this application process. However, evidence varies depending on whether applicants are making their initial or renewal request for DACA.

Every applicant needs to complete this section in Form I-821D. While completing this section, applicants need to specify whether this is a request for initial DACA status or if this is a DACA renewal application.

Biological information is also required during this section of Form I-821D. Additionally, current immigration status needs to be outlined. This includes whether the applicant is in removal or deportation proceedings.

The next section details the applicant’s travel and residence history and needs to be filled out by all candidates. Initial applicants must supply more extensive information than those submitting renewal applications.

New applicants need to include detailed information about their travel and residence history. All information provided must be comprehensive and accurate.

If applicable, DACA candidates are required to fill in information about their U.S. military service.

DACA renewal applicants can skip this section, as only new applicants need to supply this information. The third part of Form I-821D is about the applicant’s arrival in the U.S. All initial applicants must detail when and how they came to the country.

Both initial and renewal applicants need to complete this section. Accurate answers relating to questions about criminal, national security, and public safety need to be completed truthfully.

Each candidate needs to complete this section by signing and certifying this form as true and accurate.

If an interpreter helps any applicant complete this form, they are required to provide their contact information in this section and sign it. However, this section can be left blank if no interpreter was used to complete this form.

This section needs to be completed if this form has been prepared by someone other than the applicant. An interpreter can’t be listed in this section. An example of someone preparing this request might be a lawyer or social worker.

Part eight of Form I-821D needed to be completed if any additional space is required. If no more space is needed, this section should be left blank.

All supporting documents you’re required to submit Form I-821D depend on whether you’re renewing your DACA status or making an initial request. These documents also need to be provided as photocopies for evidence. If you have non-English documents, these need to be translated into English.

Here are the forms first-time applicants need to provide when submitting Form I-821D:

This supporting documentation can be provided in the form of a:

• Birth certificate
• Passport
• School ID
• Military ID
• State-issued photo ID.

Any of these documents can be used to prove an applicant was residing in the U.S. before being 16 years old:

• Official religious ceremony documents
• Hospital or medical records
• School records
• Travel records
• Any INS documents showing the date of entry into the U.S.
• A completed Form I-94
• A copy of the applicant’s passport with an entry stamp

Any documentation that shows proof of residency within the U.S. since June 2007 is needed. These documents can be used as proof of residency:

• Medical records
• School records
• Employment records
• Utility bills
• Payment receipts
• Tax returns
• Money orders for funds that were sent in and out
• Dated bank transactions
• Birth certificates of U.S.-born children
• Car registration, title, or receipts (or any insurance policies)

No lawful status on June 15, 2012, can be proved by supplying any of these supporting documents:

• Department of Homeland Security documentation that details any removal proceedings
• Document of final order of deportation or removal as of June 15, 2012
• Completed Form I-94 with an expiration date

Supporting documents that can be used to prove an applicant’s removal proceedings include:

• Any documentation that’s been issued by a U.S. immigration judge
• A copy of a removal order
• Documentation showing the final decision of the Board of Immigration Appeals (BIA)

An applicant can prove their presence in the U.S. on June 15, 2012, by providing one of these supporting documents:

• Tax returns
• Birth certificates of U.S.-born children
• Car registrations, titles, or receipts (or any insurance taken out on the car)
• Dated U.S. bank statements
• Any money orders that were sent in and out
• Medical records
• School records
• Utility bills
• Receipts received from rent payments
• Records of employment

If an applicant has been outside of the U.S. since 2007, they need to prove that they weren’t residing outside of the country. Here are the acceptable documents that can prove this:

• Passport entries
• Return plane ticket to the U.S.
• Evidence of travel intent
• Receipts from hotels

This type of supporting documentation is only needed if the applicant left the U.S. and returned at a later stage. To prove established residence before age 16, the following documentation can be provided:

• Employment records
• School documents
• Employment verification
• Any U.S. bank letters

Proof of criminal history is needed when applying for DACA status. This information includes:

• An official statement from an arresting agency showing that no charges were filed
• A court-certified copy or original statement of the arrest record or disposition for every accident if there were charges pressed or a conviction
• A court-certified copy or original document of the court expunging, sealing, vacating, or removing the conviction or arrest.

Those applying for initial DACA status or renewal can prove honorably discharged veteran status by providing one of these documents:

• NGB Form 22
• Military health records or personnel records
• Form DD-214

An applicant can prove graduation, GED, military service, or current education by supplying any of these documents:

• Enrollment in literacy or education programs
• Home school records
• Enrollment in high school, middle school, or primary school
• Diplomas
• Enrollment in a GED program
• Transcriptions showing the graduation year and any dates of enrollment
• University, college, or community college admission documents