In the previous chapter, How Do You Apply for DACA, we discussed the required forms, process, and supporting evidence that should be included in a DACA application. The most important form and only form that is specific to DACA, Form I-821D, is discussed here next.

USCIS Form I-821D Explained

United States Citizenship and Immigration Services (USCIS) Form I-821D is the main DACA application and is officially known as “Consideration of Deferred Action for Childhood Arrivals.” You are required to fill out a Form I-821D whether you are a first time DACA applicant or are seeking renewal of your DACA status. A Form I-821D is an application that is used to request that USCIS consider deferred action for a specific individual. USCIS will review a Form I-821D along with other required documentation (Form I-765 and all supporting evidence) to determine whether or not to grant DACA deferral status. USCIS will consider granting or renewing DACA on a case-by-case basis. If USCIS grants deferral to a DACA applicant, then they will not be placed into removal proceedings or removed from the United States for a two-year period of time. 

Note: If you are filing for a DACA renewal, it is important to know that USCIS encourages renewal requestors to file in the 30-day period that begins once a DACA recipient has 150 days left until the expiration of their current DACA deferral. Put simply, you should file your DACA renewal when you have at least 120 days left but no more than 150 days until the expiration of your DACA status.

Who is Eligible to File a Form I-821D?

Only certain individuals that meet the criteria for a Childhood Arrival for purposes of a Form I-821D may file for DACA deferral status, they include:

1. Childhood arrivals who have never been in removal proceedings: If you have never been subject to removal proceedings in immigration court, then you may file a Form I-821D to request that USCIS consider granting you DACA status. You must be at least 15 years old at the time of filing and must meet other necessary guidelines for eligibility.
2. Childhood arrivals whose removal proceedings were terminated: If you were subject to removal proceedings that were cancelled by an immigration judge before you file a for DACA status, then you may file a Form I-821D to request USCIS consider granting you DACA status. You must be at least 15 years old at the time of filing and must meet other necessary guidelines for eligibility.
3. Childhood arrivals who are in removal proceedings, have a final order of removal, or an order of voluntary departure: If you are currently subject to active removal proceedings, have a final order of removal, exclusion or voluntary departure, then you may file a Form I-821D to request USCIS consider granting you DACA status. You can make this request in these circumstances even if you are under the age of 15 at the time of the filing.
4. Childhood arrivals whose case was granted DACA and is seeking renewal: If you have been granted DACA previously and are seeking a renewal of your DACA status, then you may file a Form I-821D to request USCIS grant your renewal. 

The main requirement to be eligible to file a Form I-821D is to be a childhood arrival for the purposes of this form and DACA deferral. If you have questions about your eligibility as a childhood arrival or to file a Form I-821D, then it is important to speak to an experienced immigration attorney. Our attorneys at You Are Home are happy to help you with your DACA application and request.

Important Information Contained in a Form I-821D

A Form I-821D consists of eight separate parts. If you are applying for DACA for the first time, then you will be required to complete most parts. If you are seeking renewal of your DACA status, then you should skip Part 3 of the form. The eight parts of a Form I-821D are as follows:

Part 1. Personal information: Both first time DACA applicants and DACA renewals must complete this part.

Part 2. Residence and travel information: Both first time DACA applicants and DACA renewals must complete this part. First time applicants will be expected to provide more extensive information than a DACA renewal applicant.

Part 3. Information about your initial arrival to the United States: Only first time DACA applicants should fill this part out. DACA renewal applicants should skip this part. 

Part 4. Criminal, national security, and public safety information: Both first time DACA applicants and DACA renewals must complete this part.

Part 5. Statement, certification, contact information and signature of DACA applicant: Both first time DACA applicants and DACA renewals must complete this part. This is where you certify the information in the application and sign your name.

Part 6. Contact information, certification and signature of any interpreter: Both first time DACA applicants and DACA renewals must complete this part if an interpreter was used to help fill out the form.

Part 7. Contact information, declaration, and signature of person who prepared the request, if someone other than the applicant: If someone helped you fill out the form, such as an Attorney, then they must sign and include their contact information in this part.

Part 8. Additional information: Both first time DACA applicants and DACA renewals should complete this part to add whatever additional information that is necessary for USCIS to process and determine the outcome of your application.

These are the eight main parts that are found in a Form I-821D. The last part of this form will ultimately prove to be the longest as this is where you are expected to supplement all of your answers and prove that you meet the requirements to qualify for DACA deferral.

Types of Evidence That are Required to Be Included with a Form I-821D

When applying for DACA as a first timer or as a renewal, you will be required to submit various documentation and evidence to show your eligibility for DACA deferral. This evidence and documentation will vary and will need to be submitted for each specific individual to prove their circumstances. There are two specific instances when USCIS will require you to provide specific evidence to include with a Form I-821D, they are:

• If you are currently facing deportation and removal proceedings, or
• If you have been charged or convicted of any felony or misdemeanor.

If you are facing either of the above situations, it is critical that you have representation by an experienced immigration attorney. Our attorneys at You Are Home are experienced in helping people facing both criminal charges and deportation proceedings. Give us a call so we can help you today.

What if You Are Married to a United States Citizen?

Now that we understand when a Form I-821D is used and what information should be included with it, it is important to understand an indirect path that exists for DACA recipients regarding potential permanent lawful status and naturalized citizenship, a marriage green card. This is discussed in the next chapter: Availability of Marriage Green Cards for DACA Recipients.