Form I-821D is formally described as the Consideration of Deferred Action for Childhood Arrivals by USCIS. It is a very vital form to present for idealists applying for DACA. This article elucidates Form I-821D, comprising who is required to file it, what the filing payments are, and what accompanying documents you must file.
Table of Contents
Who Can File Form I-821D?
USCIS has specific qualifications and conditions for new and continuing DACA candidates. Fresh Deferred Action for Childhood Arrivals candidates who satisfy the common qualification conditions for the program may file Form I-821D: Consideration of Deferred Action for Childhood Arrivals. You can check DACA qualification provisions in the manual for the DACA program. If you are continuing your DACA status, you can file Form I-821D if you satisfy the following qualification conditions:
- You have not vacated the U.S. on or after August 15, 2012, without obtaining Advance Parole.
- You have not violated any felonies, major misconduct, or three or more misconduct. Also, you do not stand as a threat to the U.S. federal security or public security.
- You have constantly lived in the U.S. since applying for and obtaining your final DACA status approval.
For both fresh and continuing applications, you are qualified to file Form I-821D if:
- You have never been in a withdrawal proceeding.
- You have been in a withdrawal proceeding; however, an immigration magistrate discontinued it before you presented your DACA application.
- If you are in a withdrawal proceeding, possess a conclusive order of withdrawal, exemption, or deportation administered in another context, include a voluntary departure order, or have been in administratively closed proceedings, you may file this form to apply that United States Citizenship and Immigration Services regards postponing actions in your case.
The Cost of Filing Form I-821D
There is no filing payment for Form I-821D. Hence, DACA candidates must present filing and biometric schedule payments when they file for a work permit (EAD) via Form I-765:Application for Employment Authorization and Form I-765WS, the worksheet. You will file both Form I-765 and Form I-765WS at the exact period with Form I-821D. Form I-765 possesses a filing payment of $410, and the biometrics is $85. You can make payment of these charges using a money order, individual check, or cashier’s check. Remember that USCIS is an administrative agency of the United States DHS; therefore, you must make out your reviews to the United States DHS.
If you are filing at a United States Citizenship and Immigration Service Lockbox establishment, you can also make payment using a credit card with Form G-1450: Authorization for Credit Card Transactions. United States Citizenship and Immigration Service centers can not process credit card payments. Sadly, the United States Citizenship and Immigration Service does not provide fee waivers for DACA candidates.
Steps to Complete Form I-821D
Form I-821D comprises seven divisions and an extra information paragraph; however, not every section may concern you.
Step one: Information Concerning You
You must fill out section one, which demands some biographical details concerning you. In this part, you will determine if you are making an application for a first or continuing application for DACA status. You must demonstrate your present immigration status and reveal if you are in any withdrawal or deportation proceedings.
Step two: Residence and Trip Information
You are required to fill out section two. In this section, you will offer details on your residential and journey records. Fresh candidates are required to provide additional information than the Deferred Action for Childhood Arrivals continuing candidates. Being a new candidate, you will be required to offer comprehensive details concerning your travel and residence records. Also, the form will demand if you have ever operated in the United States martial in this part.
Step three: Information Concerning Your Arrival in the US
Only Deferred Action for Childhood Arrivals fresh candidates will be required to fill out this section. Continuing candidates are required to ignore this part. Part three demands your landing in the U.S. and details concerning how and the time you went on a trip to the U.S.
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Step four: Federal Security, Criminal, and Public Safety Information
Every candidate is required to fill out section 4. This section requests that you respond to questions concerning your federal security and public protection worries. You are required to respond to all the questions honestly. Even though you possess a criminal history, you can still be qualified for DACA status.
Step five: Declaration, Credentials, Signature, and Contact Information of the Candidate
In this section, you must sign and approve that the details offered on this United States Citizenship and Immigration Service form are correct and valid.
Step six: Contact Information, Credentials, and Signature of the Interpreter
If you have made use of a translator to assist you in filling out the form, you are required to have your translator sign and offer all applicable contact details in this section.
Step seven: Contact Information, Statement, and Signature of the Individual Preparing this Application, if Other Than The Candidate
If another person makes your application, which may be an immigration attorney, you must have that individual fill out section 7 of the form.
Step eight: More Information
You must only fill out section 8 if you need more openings to respond to any question on the form.
Supporting Documents, You Are Required to Forward with Form I-821
The accompanying documents you will be required to forward with Form I-821D are based on whether you are making a fresh application for DACA or continuing your DACA status. You are required to offer photocopies of every document you present as proof. You are required to have translated non-English records into English.
Fresh candidates will be needed to get ready detailed paperwork to offer proof of their age and birth date, documents indicating arrival to the U.S. before their 16th birthday, records showing constant residence in the U.S. since June 15, 2007, records indicating their availability in the U.S. on June 15, 2012, records indicating your academic (evidence of high school attendance or equivalent) or indicating your military service which includes the United States armed forces or coast warden, and others.
If your DACA status cessation date is coming closer and you are making an application to continue your status, the needed proof will be based on whether any of your form answers have been altered. If nothing has been modified, the United States Citizenship and Immigration Service will contact you if they require extra proof. There are two particular situations whereby the United States Citizenship and Immigration Service will need additional evidence with this form:
- Currently, you are in exemption, deportation, or withdrawal proceedings. If these proceedings are authoritatively closed, you will not be required to present these documents.
- You have violated a severe criminal offense or misconduct.
If any of the listed above is applied to you, ensure to present proof of these cases in your continual application package.
What Occurs After Filing Form I-821D
After you forward your DACA application, USCIS will review your form for conclusion. If your form is not completed, they will return it to you. United States Citizenship and Immigration Service may also demand additional details or proof of your case via a request for evidence. In most situations, they may require that you show up for an interview at a United States Citizenship and Immigration Service office or offer original copies of some documents you presented. United States Citizenship and Immigration Service will return original copies of these records after reviewing them.
United States Citizenship and Immigration Service will check your concluded application to decide on your case. Even if you meet the qualification provisions for DACA status, for any motive, the United States Citizenship and Immigration Service may refuse your DACA application. USCIS handles unchecked intention In DACA status judgment, which implies that you cannot plead its judgment on your request.
