DACA Form I-821D Application Guide
If you qualify for DACA, you can submit Form I-821D to request a reprieve from deportation. This form is essential for initiating the DACA application process or renewing your current DACA status.
To determine eligibility, you must meet specific criteria for age, immigration status, and time spent in the United States. This guide will outline these criteria in detail.
Submitting your Form I-821D and accompanying documentation within the specified deadlines is crucial to ensure timely processing. So, let’s see together the most critical information you should have on eligibility requirements, application procedures, deadlines, fees, and more.
What Is Form I-821D, and When Can You Use It?
Form I-821D is the application you use to request DACA, which is a temporary protection from deportation for particular undocumented immigrants who came to the United States as children.
An initial DACA application is for people who have never had DACA before. A renewal application is for people who have DACA and want to extend it. Renewal applicants usually don’t need as many documents as new applicants.
You can use Form I-821D to:
- Apply for DACA for the first time.
- Renew your existing DACA status.
If you’re applying for DACA or renewing your status, you must also submit:
- Form I-765: This form requests work authorization.
- Form I-765WS: This worksheet helps you complete Form I-765.
DACA is a decision made by the government to pause deportation proceedings for eligible individuals. This means you won’t be removed from the United States when your DACA is in effect. However, the government can decide to end your DACA at any time.
IMPORTANT! In July 2021, a court decision temporarily stopped accepting new DACA applications. However, this ruling did not affect the following:
- Existing DACA recipients: If you already have DACA, you can renew your status and work permit.
- DACA applications filed before July 16, 2021: If you applied for DACA before this date and your application was approved, you can continue to enjoy DACA benefits.
While the government still accepts new DACA and work permit applications, they cannot approve them due to the ongoing legal case.
Who Can File Form I-821D? Eligibility Requirements
Form I-821D is used to apply for or renew DACA status. There are specific eligibility criteria based on your immigration history and current circumstances.
Eligibility Categories
The following categories outline the different groups of individuals eligible to apply for DACA. Each category comes with specific eligibility criteria that must be met to qualify. Please review the table below for a detailed breakdown of these categories and their corresponding eligibility criteria.
| Category | Requirements |
|---|---|
| Individuals never in removal proceedings | Must be 15 or older and meet the 8 CFR Part 236, Subpart C criteria. |
| Individuals with terminated removal proceedings | Must be 15 or older and meet the 8 CFR Part 236, Subpart C criteria. |
| Individuals in removal process or with final orders | Regardless of age, it may apply if you have a final order or a voluntary departure order in removal proceedings. |
| Individuals seeking renewal of DACA | Must have previously received DACA and meet specific renewal criteria. |
General Eligibility Criteria for New Applicants
The following list outlines the general requirements that all first-time DACA applicants must meet to be considered for deferred action. These criteria pertain to age, presence in the United States, education or employment, criminal history, and potential threats to national security. Refer to the checklist below for a detailed explanation of each criterion.
- Age: Must be under 31 as of June 15, 2012.
- Presence in the U.S.: Must have continuously resided in the U.S. since arriving before June 15, 2012.
- Education/employment: Must have graduated from high school, obtained a GED, or are currently enrolled.
- No criminal record: Must not have been convicted of a felony or a significant misdemeanor.
- No threat to national security: Must not threaten national security or public safety.
General Eligibility Criteria for Renewals
The following list outlines the general requirements that individuals seeking to renew their existing DACA status must meet. These criteria pertain to departures from the United States, continuous residence, and criminal history.
- No departure: Must not have left the U.S. after August 15, 2012, without advance parole.
- Continuous residence: Must have resided in the U.S. since the approval of the most recent DACA request.
- Criminal history: Must meet the exact criminal history requirements as new applicants.
IMPORTANT! These are general guidelines. Specific eligibility criteria usually vary based on individual circumstances. For the most accurate and up-to-date information, please consult the USCIS website or check with an immigration lawyer or consultant.
Where to File Form I-821D
You can submit the I-821D online. If you want to apply on paper, you must know the mailing address for your DACA application, depending on where you live.
If you want to receive an email or text message when USCIS receives your application, attach Form G-1145 to the front of your DACA form. You can find Form G-1145 on the USCIS website.
What Documents Do You Need to Gather to Submit Form I-821D?
The documents you’ll need to provide for your DACA application depend on whether you’re applying for the first time or renewing your status.
If you submit documents in your native language, you must also include an accurate English translation. The translator must sign a statement saying the translation is complete and accurate and that they are qualified to translate from the foreign language into English. The statement should also include the translator’s name, signature, date, and contact information.
For Both New and Renewal DACA Applications
- Provide photocopies of all requested documents.
- Translate any documents that aren’t in English.
For New DACA Applications
- Gather evidence of your age, such as a birth certificate, passport, or school records.
- Provide documents showing you came to the U.S. before your 16th birthday, such as a passport stamp, school records, or an affidavit from a family member or friend.
- Submit proof that you have resided in the U.S. since June 15, 2007 without interruptions, and were in the country on June 15, 2012. This might include school records, tax returns, rental agreements, or utility bills.
For DACA Renewals
- If nothing has changed since your last DACA approval, USCIS might not need additional evidence.
- If you’ve been charged with or convicted of a crime, you must provide proof of the charges or conviction.
IMPORTANT! Always carefully read the instructions and prepare your documents accordingly! Keep copies of all documents that prove you meet the DACA requirements. If they ask for more information, you might need to provide them to USCIS. If you’re renewing your DACA status, you don’t need to resubmit documents you used in your previous applications.
How to File Form I-821D with USCIS
Form I-821D is divided into several sections, each addressing different aspects of your DACA application. Some sections are mandatory for all applicants, while others may only apply to specific individuals.
Mandatory I-821D Form Sections for All Applicants
You must review and complete the mandatory sections outlined below to ensure a complete application. These sections contain your details, residence history, and background information.
Part 1: Your Information
This section collects basic personal information, including your name, date of birth, and contact details. You will also need to indicate whether you are applying for initial DACA or renewing your existing status and provide information about your current immigration status.
Part 2: Residence and Travel History
This section requires you to provide detailed information about your residence and travel history within the United States. You will need to list all addresses where you have lived since arriving in the country and any trips you have taken outside the U.S. If you have served in the U.S. military, you will need to provide information about your military service.
Part 4: Criminal & Background Check
This section asks questions about your criminal history, involvement in national security or public safety threats, and whether you have ever been denied admission to or deported from the United States.
Part 5: Signature & Certification
In this section, you will sign and certify that the information provided in the form is true and accurate. You may also need to provide additional information if you are under 14 years of age or if someone else prepared your application.
I-821D Form Sections Applicable to Certain Applicants
Depending on your specific circumstances, you may need to complete additional sections of the form. Please review the following sections to determine if they apply to you.
Part 3: Arrival Information (New Applicants Only)
If you are applying for DACA for the first time, you will need to complete this section, which asks for details about your arrival in the United States, such as the date, location, and mode of transportation.
Part 6: Interpreter Information (If Applicable)
If someone helped you translate or complete the form, they must sign and provide their contact information in this section.
Part 7: Preparer Information (If Applicable)
If a lawyer or other representative has prepared your application, they must sign it and provide their contact information in this section.
Additional Information
If you need more space to provide additional details or explanations, please use this section to supplement the information provided in the previous sections.
Part 8: Additional Information
You can use this section if you need more space to explain any information or provide additional documents.
I-821D Form Signature Requirements
You or your legal guardian must sign the form in the designated space. USCIS will not accept stamped or typewritten names in place of a signature. Moreover, USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid for filing purposes.
I-821D Form Filing Fees
The filing fee for form I-821D is $85 for the paper submission. However, you must also submit Forms I-765 and I-765WS with your DACA application and pay the applicable fees for these forms. You can find information about the current fees on the USCIS website.
Biometric Services Appointment
USCIS may require you to come in for an interview or provide biometrics (fingerprints, photograph, and signature). They do this to verify your identity, obtain extra information, and conduct background and security checks. If USCIS determines that a biometric services appointment is necessary, they will send you a notice with the date, time, and location of your interview.
At your biometrics appointment, you need to sign a pledge reaffirming that:
- You provided or authorized all information in the request.
- You reviewed and understood the information you submitted in your application.
- All of this information was complete, true, and correct when filing.
Failure to attend your biometrics services appointment may result in the denial of your application.
IMPORTANT! You must review the USCIS instructions for the most up-to-date information on the paperwork and evidence required for your DACA application. Remember, completing the DACA application process is challenging. It’s best to seek legal advice from an immigration consulting firm or law firm if you have any questions or concerns. An immigration lawyer will help you with meeting the eligibility requirements, gather the necessary evidence, ensure your application is submitted correctly, and advise you on what to do after getting DACA.
What Happens After Filing Form I-821D?
Your application will be reviewed for completeness once you’ve completed and mailed Form I-821D to the correct USCIS address. Incomplete applications may be rejected.
Moreover, USCIS may request additional information, documents, or an interview. They may also require you to provide the original versions of any submitted photocopies. Comply with all their requests correctly and on time.
Then, USCIS will review your application to decide if you qualify for DACA. Each case is reviewed individually, and even if you meet the basic requirements, USCIS may still decide not to grant you DACA. You’ll receive a written decision from USCIS once they process your application.
Can They Deny My DACA I-821D Application, and What Should I Do Then?
Yes. If they deny your application, you cannot appeal their decision.
However, if you find yourself in a denial situation, USCIS will not refer your case to ICE for deportation unless you have:
- Committed a criminal offense
- Committed fraud
- Threatened somehow the national security or public safety
If your application is denied and you do not fall into one of these categories, you may still be able to explore other immigration options. You should discuss your case with an immigration law firm to explore potential alternatives.
Are You Ready to Apply for DACA or Its Renewal via Form I-821D?
Applying for or renewing DACA can be a complex process. If you have any questions or need assistance with your application, please don’t hesitate to contact our experienced immigration team at ImmigrationDirect. We can help you with your eligibility criteria, gather the required documents, and make sure your application is submitted correctly. Let us guide you through the DACA I-821 D process and help you achieve your immigration goals!
