1. What is Form I-821D?
Form I-821D is the official application form used by individuals to request consideration for Deferred Action for Childhood Arrivals (DACA) in the United States. DACA is a policy that allows certain individuals who came to the U.S. as children and meet specific guidelines to request deferred action from deportation for a renewable period of two years. The form gathers personal information about the applicant, their background, and eligibility for DACA. It is essential to fill out the form accurately and submit it with the required supporting documents to request consideration for DACA status. Additionally, it is crucial to stay informed about any updates or changes to the DACA program and follow the guidelines provided by U.S. Citizenship and Immigration Services (USCIS) when completing Form I-821D.
2. Who is eligible to apply for DACA using Form I-821D?
1. To be eligible to apply for DACA using Form I-821D, an individual must meet the following criteria:
a. The individual must have arrived in the United States before turning 16 years old.
b. The individual must have continuously resided in the United States since June 15, 2007.
c. The individual must have been physically present in the United States on June 15, 2012, and at the time of making the DACA request.
d. The individual must have been under the age of 31 as of June 15, 2012.
e. The individual must be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
f. The individual must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and must not pose a threat to national security or public safety.
2. If an individual meets the above criteria, they may be eligible to apply for DACA using Form I-821D to seek deferred action and work authorization in the United States for a certain period. It is essential to carefully review the eligibility requirements and submit all required documentation accurately to support the DACA application.
3. What are the requirements for consideration of deferred action under DACA?
To be eligible for consideration of deferred action under DACA, applicants must meet certain requirements, including but not limited to:
1. Age Requirement: The applicant must have been under the age of 31 as of June 15, 2012.
2. Arrival in the U.S.: The applicant must have come to the United States before reaching their 16th birthday and have continuously resided in the country since June 15, 2007.
3. Education or Military Service: The applicant must be currently enrolled in school, have graduated from high school or obtained a GED, or have been honorably discharged from the military.
4. Criminal Record: Applicants must not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors of any kind.
5. Threat to National Security or Public Safety: DACA applicants must not pose a threat to national security or public safety.
It is essential for individuals seeking DACA to carefully review and ensure they meet all the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) before applying.
4. How do I fill out Form I-821D?
Filling out Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), is a crucial step for individuals seeking DACA status in the United States. To properly fill out this form:
1. Review the form instructions carefully to ensure you understand the requirements and have all necessary documentation.
2. Provide accurate biographical information, including your full legal name, date of birth, and contact details.
3. Answer all questions truthfully and to the best of your knowledge, including information about your immigration status and criminal history.
4. Include any supporting documents as required, such as proof of identity, evidence of eligibility, and any other requested information.
5. Sign and date the form where required, certifying that the information provided is true and correct to the best of your knowledge.
It is essential to fill out Form I-821D accurately and completely to increase your chances of a successful DACA application. If you encounter any difficulties or have questions while completing the form, consider seeking assistance from an immigration attorney or accredited representative to ensure everything is in order before submission.
5. What supporting documents are needed to submit with Form I-821D for DACA application?
When submitting Form I-821D for a DACA application, there are several supporting documents that are typically required to support your request for consideration of deferred action. These documents are essential to demonstrate your eligibility for DACA status and to provide evidence of your circumstances. Common supporting documents that should be included with Form I-821D may include:
1. Identification and age verification documents such as a birth certificate, passport, or other government-issued identification.
2. Evidence of entry into the United States before the age of 16, such as school records, medical records, or travel documents.
3. Documents to establish continuous residence in the United States since June 15, 2007, such as school records, bank statements, lease agreements, or utility bills.
4. Proof of presence in the United States on June 15, 2012, such as school records, employment records, or financial records.
5. Any additional documents that may help demonstrate your eligibility for DACA, such as educational records, employment records, military records, or documentation of any criminal history (if applicable).
It is important to carefully review the USCIS instructions and requirements for supporting documents when preparing your DACA application to ensure that you submit all the necessary evidence to support your request for deferred action.
6. What is the filing fee for Form I-821D?
The filing fee for Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), is $495. This fee is required for the proper processing of the application and is subject to change. It is essential to verify the current fee with the official website of the U.S. Citizenship and Immigration Services (USCIS) before submitting the form to ensure accuracy and avoid any delays or issues with the application process. Additionally, applicants may explore fee waiver options if they are unable to afford the filing fee, provided they meet specific eligibility criteria outlined by USCIS.
7. Can DACA recipients travel outside the United States using Advance Parole?
Yes, DACA recipients are able to travel outside the United States using Advance Parole. When granted Advance Parole, this allows individuals with approved DACA status to temporarily travel abroad for educational, employment, or humanitarian purposes. However, it is important for DACA recipients to note the following:
1. DACA recipients must first apply for and receive approval for Advance Parole before leaving the U.S. Traveling without Advance Parole may result in the termination of DACA status.
2. Advance Parole does not provide a guarantee of reentry to the United States; it is ultimately up to the discretion of the customs officer at the port of entry.
3. DACA recipients should consult with an immigration attorney or legal expert before making any travel plans to ensure compliance with all requirements and potential risks associated with traveling on Advance Parole.
8. Can DACA recipients work legally in the United States?
Yes, DACA recipients can work legally in the United States. Here are a few key points to consider:
1. Work Authorization: DACA recipients who have been granted deferred action are eligible to apply for an Employment Authorization Document (EAD), also known as a work permit, which allows them to work legally in the United States.
2. Social Security Number: DACA recipients who have received their EAD can apply for a Social Security Number (SSN) and use it for employment purposes.
3. Employer Requirements: Employers are required to verify the employment eligibility of all employees, including DACA recipients, by completing Form I-9, Employment Eligibility Verification.
4. Renewing Work Authorization: DACA recipients must renew their DACA status and work permit every two years to continue working legally in the United States. It is essential to submit the renewal application on time to avoid any interruptions in employment authorization.
Overall, DACA recipients can work legally in the United States as long as they maintain their DACA status and have a valid Employment Authorization Document.
9. How long does it take to process a DACA application submitted on Form I-821D?
The processing time for a DACA application submitted on Form I-821D can vary depending on various factors such as the volume of applications received by the United States Citizenship and Immigration Services (USCIS) at any given time. On average, it typically takes around 6 to 9 months from the date of submission for USCIS to process a DACA application. However, this timeframe is only an estimate and actual processing times can be shorter or longer. It is important to note that USCIS may expedite the processing of DACA applications in certain circumstances, such as those involving urgent humanitarian reasons or significant public benefit. Applicants should regularly check the USCIS website for updates on processing times and any changes in the application process.
10. Can DACA recipients apply for renewal using Form I-821D?
Yes, DACA recipients can apply for renewal using Form I-821D (Consideration of Deferred Action for Childhood Arrivals). The process of DACA renewal involves submitting Form I-821D along with supporting documentation to demonstrate continued eligibility for the program. In order to successfully renew DACA status, applicants must meet certain criteria, including continuous residence in the United States since their last DACA approval, no significant criminal offenses, and meeting education or military service requirements. The renewal application typically needs to be submitted about 150 days before the current DACA expiration to allow for processing time. It is important for DACA recipients to stay informed about any policy changes or updates that may affect the DACA renewal process.
11. How many times can a DACA application be renewed?
A DACA application can be renewed multiple times, as long as the applicant continues to meet the eligibility criteria set by the U.S. Citizenship and Immigration Services (USCIS). It is important to note that DACA is not a permanent resident status or a pathway to citizenship, but rather a temporary relief from deportation and authorization to work in the United States. DACA recipients must apply for renewal every two years to maintain their status and benefits. As of the time of this response, there is no limit to the number of times a DACA application can be renewed. It is advisable for DACA recipients to stay informed about any changes in immigration policies that may impact their ability to renew DACA status in the future.
12. What happens if my DACA application is denied?
If your DACA application is denied, there are several potential outcomes and steps you can take:
1. Appeal: You have the option to appeal the denial within 33 days of receiving the notice of denial. The appeal process involves submitting a Request for Reconsideration (Form I-290B) along with any additional supporting documents that may strengthen your case.
2. Reapply: If your initial DACA application is denied, you can reapply in the future, especially if there have been changes in your circumstances or if you believe there was a misunderstanding in the initial review.
3. Seek Legal Assistance: Consider seeking the help of an immigration attorney or accredited representative who can review your case, provide guidance on the denial reasons, and assist you in navigating the appeals process or preparing a stronger reapplication.
4. Maintain Status: While awaiting a decision on your appeal or considering reapplying, it’s important to maintain lawful immigration status or take steps to address any potential risks of removal.
5. Explore Other Options: If DACA is not an option due to a denial or other reasons, it may be beneficial to explore alternative forms of relief or pathways to legal status based on your individual circumstances.
Remember that each DACA case is unique, so it’s crucial to carefully review the denial notice, understand the reasons for the denial, and seek appropriate guidance to determine the best course of action moving forward.
13. Can DACA recipients apply for permanent residency or citizenship?
Yes, DACA recipients can apply for permanent residency (green card) and eventually citizenship in the United States, but the process is not automatic and has certain requirements that must be met. Here are some key points to keep in mind:
1. DACA recipients are considered to be lawfully present in the United States, which can be a stepping stone towards obtaining a green card through various pathways such as employment sponsorship, family sponsorship, or other immigration programs.
2. One common way for DACA recipients to apply for a green card is through marriage to a U.S. citizen or lawful permanent resident. However, they must meet all the eligibility criteria and go through the appropriate application process.
3. DACA recipients can also explore employment-based green card options if they have a valid job offer from a U.S. employer or exceptional skills that make them eligible for certain employment-based immigrant visas.
4. It’s important to note that the immigration system in the U.S. is complex, and each case is unique, so DACA recipients seeking permanent residency or citizenship should consult with an experienced immigration attorney or accredited representative to understand their options and navigate the process effectively.
14. What criminal offenses would make someone ineligible for DACA?
Individuals with certain criminal convictions are typically ineligible for DACA. Some of the criminal offenses that would disqualify someone from obtaining DACA include:
1. Felony convictions, which are considered serious crimes and are usually disqualifying.
2. Significant misdemeanors, which include certain types of crimes such as domestic violence, sexual abuse, burglary, drug trafficking, or driving under the influence (DUI).
3. Multiple misdemeanor convictions, which may indicate a pattern of criminal behavior.
4. Drug-related offenses, including possession or trafficking of controlled substances.
5. Offenses involving violence or harm to others, such as assault or battery.
6. Crimes involving firearms or explosives.
7. Offenses related to national security or terrorism.
8. Any crime that poses a threat to public safety or national security.
It is important to note that each case is evaluated individually, and USCIS considers various factors when determining eligibility for DACA, including the nature and severity of the offense, the age at the time of the offense, and any mitigating circumstances.
15. Can I request a fee waiver for Form I-821D?
Yes, individuals applying for DACA using Form I-821D can request a fee waiver if they are unable to afford the application fee. To request a fee waiver, you must submit Form I-912, Request for Fee Waiver, along with your DACA application. USCIS will review your Form I-912 to determine if you meet the criteria for a fee waiver based on factors such as your household income, expenses, assets, and the number of dependents you have. If your fee waiver request is approved, you will not have to pay the application fee for Form I-821D. It’s important to provide accurate and truthful information when applying for a fee waiver to avoid any delays or issues with your DACA application.
16. Can I include family members in my DACA application?
No, you cannot include family members in your DACA application. DACA is specifically for individuals who came to the United States as children and meet certain guidelines. It does not provide a path to legal status for family members. Each individual eligible for DACA must apply separately and meet all the eligibility criteria on their own merit. Family members, such as parents or siblings, cannot be included as part of the DACA application process. It is important to only include information and documentation related to your own circumstances when applying for DACA.
17. If I previously had DACA that expired, can I still renew it with Form I-821D?
Yes, if you previously had DACA that has expired, you may still be eligible to renew it using Form I-821D. There are specific requirements that you must meet in order to qualify for DACA renewal after your initial grant has expired:
1. You must have continuously resided in the United States since you submitted your most recent DACA request that was approved.
2. You did not depart the United States on or after August 15, 2012, without advance parole.
3. You have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
4. You are not above the age of 31 as of June 15, 2012.
If you meet these criteria and your previous DACA status has expired, you can file a request to renew your DACA using Form I-821D along with the required supporting documents and fees. It is important to carefully review the latest instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to ensure that you meet all the eligibility requirements for DACA renewal.
18. Can I apply for DACA if I am currently in removal proceedings?
Yes, individuals who are currently in removal proceedings may still be eligible to apply for DACA. However, it is essential to consider the following points:
1. Individuals in removal proceedings should consult with an immigration attorney to evaluate their specific case and determine the best course of action.
2. Applying for DACA while in removal proceedings does not guarantee protection from deportation, as DACA does not provide legal status or a pathway to citizenship.
3. The decision to grant DACA relief is discretionary, and each case is reviewed individually by the U.S. Citizenship and Immigration Services (USCIS).
4. If you are in removal proceedings and considering applying for DACA, it is crucial to review your situation with legal counsel to understand the potential impact on your case and discuss other possible avenues for relief.
Ultimately, individuals in removal proceedings should seek guidance from a qualified immigration attorney experienced in DACA cases to assess their eligibility and understand the implications of applying for DACA in their specific circumstances.
19. What happens if DACA is terminated by the government?
If DACA is terminated by the government, several consequences may occur:
1. Current DACA recipients would lose their protected status and work permits, making them vulnerable to deportation.
2. Individuals who already have DACA would no longer be able to renew their status, leaving them without legal protection.
3. DACA recipients may no longer be eligible for driver’s licenses, in-state tuition, and other benefits that were available to them under the program.
4. The termination of DACA could lead to significant economic and social impacts, as many DACA recipients are valuable contributors to society.
5. Immigration enforcement actions against former DACA recipients could increase, leading to family separations and disruptions within communities.
Overall, the termination of DACA could have far-reaching implications for hundreds of thousands of undocumented individuals who have relied on the program for protection and opportunities in the United States.
20. How can I seek legal help with my DACA application using Form I-821D?
1. Seeking legal help with your DACA application using Form I-821D is highly recommended to ensure that your application is prepared correctly and to address any potential complications that may arise.
2. To seek legal assistance, you can start by contacting immigration attorneys, non-profit organizations, or accredited representatives who have experience in handling DACA cases.
3. These professionals can help you understand the DACA eligibility requirements, gather the necessary documentation, accurately complete the Form I-821D, and guide you through the entire application process.
4. A legal expert can also advise you on any potential red flags or issues in your case and provide legal representation in case of any challenges or denials during the application process.
5. It is important to choose a reputable and experienced professional to assist you with your DACA application to increase your chances of a successful outcome.