Daca Application Form I821Dsysadmin2024-01-09T07:03:33+00:00
DACA Application Package
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Those eligible for the Deferred Action for Childhood Arrivals (DACA) program can request that U.S. Citizenship and Immigration Services exempt applicants from deportation proceedings. Known as a deferring action, USCIS considers these applications based on certain guidelines and on a case-by-case basis.
When individuals file Form I-821D and receive deferred action, they won’t be removed from the United States for a specified period of time. DACA status being granted means that applications can apply for permission to travel outside of the U.S. Additionally, DACA recipients can seek a work permit.
This article takes an in-depth look at Form I-821D, who’s eligible, what supporting documents are needed, and how to file.
Understanding the Consideration of Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services
This program is officially called the Consideration of Deferred Action for Childhood Arrivals by U.S Citizenship and Immigration Services. It is also known as Form I-821D.
Requesting Deferred Action for Childhood Arrivals (DACA) is the most crucial form for young people who have grown up in the U.S. and consider themselves Americans but don’t have the documentation to fully participate in the nation they consider home. The program is designed to lawfully let these individuals remain in the U.S. Refer this article to understand What is DACA
Eligibility Requirements for DACA or Renewal
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.
Who Can File Form I-821D?
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.
How to Fill Out 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.
Part One: Information about the Applicant
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.
Part Two: Residence and Travel Information
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.
Part Three: U.S. Arrival Information
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.
Part Four: Criminal, National Security, and Public Safety Information
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.
Part Five: Applicant’s Statement, Certification, Signature, and Contact Information
Each candidate needs to complete this section by signing and certifying this form as true and accurate.
Part Six: Interpreter’s Contact Information, Certification, and Signature
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.
Part Seven: Declaration, Signature, and Declaration of the Person Preparing this Request (If Other Than the Applicant)
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: Any Additional Information
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.
Supporting Documents for Form I-821D
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:
Proof of Applicant’s Identity
This supporting documentation can be provided in the form of a:
State-issued photo ID.
Proof Applicant Came to the U.S. Before Being 16 Years Old
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
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
Proof of Applicant’s Residency Since June 2007
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:
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)
Proof of Applicant Having No Lawful State on June 15, 2012
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
Proof of Applicant’s Removal Proceedings
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)
Proof of Applicant’s Presence in the U.S. on June 15, 2012
An applicant can prove their presence in the U.S. on June 15, 2012, by providing one of these supporting documents:
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
Receipts received from rent payments
Records of employment
Proof that Applicant’s Absence from the U.S. Since 2007 Was Innocent, Casual, and Brief
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:
Return plane ticket to the U.S.
Evidence of travel intent
Receipts from hotels
Documentation of Established Residence Before Being 16 Years Old (If Having Left the U.S. and Returned Later)
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:
Any U.S. bank letters
Proof of Criminal History
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.
Documents of Honorably Discharged Veteran Status
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
Proof of Military Service, GED, Graduation, or Current Education
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
Enrollment in a GED program
Transcriptions showing the graduation year and any dates of enrollment
University, college, or community college admission documents
Form I-821D Filing Fees
There’s no filing fee associated with Form I-821D. However, all DACA applicants are required to submit biometrics and filing appointment fees when applying for a work permit, which is known as an Employment Authorisation Document (EAD). This is done by filling out the Form I-765 and Form I-765WS. Both of these forms then need to be filed at the same time as Form I-821D.
The biometric services for Form I-765 cost $85, and the filing fee is $410. Individuals are required to pay these fees with a cashier’s check, personal check, or money order. All checks need to be made out to the “U.S. Department of Homeland Security” because the U.S. Citizenship and Immigration Services (USCIS) forms part of the U.S. Department of Homeland Security (DHS).
Paying with a credit card is also available if individuals are filing at a USCIS lockbox facility. However, USCIS service centers aren’t equipped to process any credit card payments. To make this transaction, applicants need to complete Form G-1450, which is an authorization for credit card transactions.
Applying for Employment Authorization
Individuals with DACA status are entitled to apply for employment authorization. This employment authorization provides official permission by the U.S. for holders of an EAD to legally work within the U.S. The process of obtaining an employment authorization document includes:
Step one: Checking eligibility requirements
Step two: Filing Form I-821D
Step three: Receiving DACA approval status
Step four: Applying for employment authorization with Form I-765
Step five: Pay the necessary fees
Step six: Apply for employment authorization
Step seven: Get approved and receive the Employment Authorization Document (EAD) to work legally within the U.S.
How Can Citizen Concierge Help
Known as an affordable way for individuals to prepare and file their DACA application, Citizen Concierge empowers applicants to complete the filing process correctly.
Citizen Conceirge’s goal is to make filing immigration paperwork more straightforward and hassle-free. With its software, applicants can eliminate the common errors, costly delays, and rejections associated with filing Form I-821D.
Benefits of Using Citizen Concierge
The software uses a multi-step review process, which reduces the risk of Form I-821D rejection.
Citizen Concierge offers premier customer support specifically designed to address applicant pain points while making the process as easy as possible.
With advanced technology included in Citizen Concierge’s software, it can easily turn different forms into straightforward questions. This helps applicants better understand what is being asked in Form I-821D
What Happens After Filing Form I-821D?
Once Form I-821D has been completed, the applicant needs to file it by mail and send it to a specific location, which depends on what U.S. state the individual is residing in.
The form is checked for completeness by USCIS after the new application or renewal for DACA status has been received by the agency. Remember that USCIS might reject or deny your renewal or initial request if the form isn’t completed properly.
Additionally, USCIS can ask for evidence or more information. Otherwise, an applicant might be requested to go to the USCIS office for an interview. Original documents of any submitted photocopies may also be asked for. However, USCIS will return any original documents once the agency no longer needs them.
A document only needs to be submitted once, even if it is needed for both Form I-765 and Form I-821D when filed together. If a person needs to update their background information, the federal agency might require them to provide biometrics information. This could include a signature, fingerprints, or a photograph.
Each of these Form I-821D requests is assessed to understand whether prosecutorial discretion should be exercised. Every request is treated on an individual basis.
The USCIS might find that an applicant’s case doesn’t warrant deferred action even if it satisfies the consideration of DACA’s criteria threshold. Rejection of this request can’t be appealed.
A written notification is sent out to the applicant once the USCIS has finished processing the request.
Frequently Asked Questions
How Long Is The Processing Time For DACA Renewal IN 2023?sysadmin2023-11-14T12:58:02+00:00
No option is available for appeal if DACA status is denied. Unless a case involves a threat to public safety or national security, fraud, or criminal offense, the USCIS won’t refer it to Immigration and Customs Enforcement (ICE).
Can Form I-821D Be Filed Online?sysadmin2023-11-17T09:38:33+00:00
Any recipient of DACA status can apply for travel authorization if they would like to travel outside of the U.S. This is known as Advance Parole and can only be used to travel for humanitarian, educational, or employment reasons.
Are DACA recipients lawful permanent residents or U.S. citizens?sysadmin2023-11-14T11:56:25+00:00
The program doesn’t provide a pathway to U.S. citizenship or official legal status. Therefore, recipients of DACA status aren’t recognized as lawful permanent residents or U.S. citizens. Nonetheless, a marriage green card might be available for a DACA recipient, but only under specific conditions.
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Disclaimer: Citizen Concierge is an independent firm that supplies self-governed immigration services. We are not associated with USCIS or any government agency and the data provided on this website is for general guidance about common immigration matters only – it should not be taken as legal advice. Additionally, we cannot offer lawful consultation whatsoever since we are not a law practice of any kind. If you have questions that require professional legal expertise then please contact an attorney instead.