DACA Form I-821D, Explained

DACA Form I-821D, Explained

HOW TO APPLY TO RECEIVE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
By TRW Law Firm

🌐 Overview

Form I-821D is used to apply for or renew Deferred Action for Childhood Arrivals (DACA), a policy that allows eligible undocumented individuals who arrived in the U.S. as children to request consideration for deferred action from deportation. It does not provide lawful status, but it can protect you from removal and grant eligibility for a work permit.

DACA is administered by U.S. Citizenship and Immigration Services (USCIS) and governed by prosecutorial discretion. While the policy has faced legal challenges, individuals previously approved for DACA may still apply for renewal.

🔒 Legal Basis and Eligibility Criteria

Initial Applications (currently on hold per court ruling)

To qualify for an initial DACA request, you must:

• Have arrived in the U.S. before your 16th birthday
• Have continuously resided in the U.S. since June 15, 2007
• Be under age 31 as of June 15, 2012
• Have been physically present in the U.S. on June 15, 2012
• Be in school, graduated, obtained a GED, or honorably discharged from the military
• Have no felony or significant misdemeanors, and not pose a threat to national security

🚨 Note: As of July 16, 2021, a federal court has barred USCIS from approving new initial DACA applications. However, renewals are still accepted.

Renewal Applications

To be eligible for renewal, you must:

• Not have departed the U.S. on or after August 15, 2012, without advance parole
• Have continuously resided in the U.S. since your last DACA approval
• Have not been convicted of disqualifying offenses

📆 Step-by-Step Process to File Form I-821D

Step 1: Gather Required Forms

All applicants (new or renewal) must file:

• Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
• Form I-765 (Application for Employment Authorization)
• Form I-765WS (Worksheet explaining your economic need)

Step 2: Complete Form I-821D

This form includes the following parts:

Part 1: Information About You

• Name, date of birth, gender, and other identifying details
• Whether applying for initial or renewal DACA

Part 2: Residence and Travel History

• Details of U.S. residence since arrival
• List of all travel abroad (if applicable)
• U.S. military service (if any)

Part 3: Arrival Information (Initial applicants only)

• Date, method, and location of first entry into the U.S.

Part 4: Criminal and Security Information

• Must disclose any criminal history or public safety concerns

Part 5: Applicant’s Certification and Signature

• A signed declaration that all information is truthful and correct

Part 6: Interpreter Information (if applicable)

• Required if a third party assists with language translation

Part 7: Preparer Information (if prepared by someone other than applicant)

• Often completed by an attorney

Part 8: Additional Information

• Use for overflow or clarification

📄 Supporting Documents

For Initial Applications:

• Proof of identity (e.g., passport, birth certificate)
• Proof of arrival before age 16 (e.g., school or medical records)
• Proof of continuous residence since June 15, 2007
• School transcripts or GED certificates
• Military discharge papers (if applicable)
• Documentation of presence in the U.S. on June 15, 2012

For Renewals:

• Proof of prior DACA approval
• Updated biographical information
• Evidence only required if circumstances have changed or if:
  • Applicant is in deportation proceedings
  • Has criminal charges or convictions

Translation Requirement:

All documents not in English must be submitted with certified translations.

💸 Fees and Payment

• Form I-821D: No fee
• Form I-765 + Biometrics Fee: $520 total

Fees must be submitted by check, money order, or credit card (using Form G-1450) and included with your application package.

⏳ Processing Time

• Average Processing Time: Approximately 6 months
• May vary based on application load, complexity, or administrative delays

📢 What Happens After Filing?

1. Receipt Notice: USCIS sends a Form I-797 receipt notice acknowledging submission.
2. Biometrics Appointment: You may be asked to attend a USCIS office for fingerprints, photo, and signature.
3. Request for Evidence (RFE): USCIS may ask for additional documents.
4. Interview: Rare for renewals, but possible if there are inconsistencies.
5. Approval or Denial: Decision is made based on a case-by-case review. All outcomes are sent in writing.

⚠️ Denials cannot be appealed. However, denials will generally not result in referral to Immigration and Customs Enforcement (ICE) unless the applicant is a threat to public safety.

🚀 Filing Location

Filing addresses depend on your state of residence. Applicants must consult the USCIS I-821D instructions or the USCIS website for the appropriate lockbox or service center mailing address.

📖 Frequently Asked Questions (FAQs)

Q1: Can I file Form I-821D online?

Yes. As of 2023, applicants renewing DACA may file I-821D and associated forms online via their USCIS online account.

Q2: What if I made a mistake on my form?

If USCIS has not processed your form yet, you can resubmit with corrections. If already submitted, you may receive an RFE or rejection notice.

Q3: Can DACA holders travel abroad?

Yes, but only with an Advance Parole document. You must apply and receive approval before traveling.

Q4: Is legal assistance required to file Form I-821D?

Not required, but highly recommended. Errors or omissions can delay processing or lead to denial.

📈 Summary Table

💬 Contact TRW Law Firm for DACA Legal Support

If you or a loved one are seeking to apply for DACA or renew your deferred action, let our experienced U.S. immigration team assist you.

TRW Law Firm – U.S. Immigration Practice

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