Complete Guide to Form I-821D

You might be facing some troubles with the immigration authorities of the US – but don’t despair. You can take other actions that might benefit your situation, such as Form I-821D.

This article will discuss everything you need to know about this form and how you can use it to avail of the country’s immigration policy.

What Is Form I-821D?

Not to be confused with Form I-821 or Application for Temporary Protected Status, Form I-821D is also formally called the Consideration of Deferred Action for Children Arriving in Childhood.

This form is an immigration policy that delays the deportation action for a specific group of individuals that pass the eligibility tests.

Individuals may request U.S. Citizenship and Immigration Services (USCIS) for attorney discretion through the Childhood Arrival Deferred Action (DACA) process, including consideration of renewability by filing I-821D or the Consideration of Childhood Arrival Deferred Action form.

USCIS considers these deferrals (including renewal deferrals) on a case-by-case basis following pre-approved guidelines.

Claimants of the DACA program will not be referred or sent outside the United States for a specified period unless the Department of Homeland Security (DHS) decides to end the deferral.

Who Can Use Form I-821D?

There are two initial application eligibility criteria:

• First-time applicants
• DACA extension applicants

The individual must not have serious misdemeanors or felonies to apply.

When Can You Use Form I-821D?

Form I-821D is used to apply for initial DACA status or update an existing DACA status.

All individuals filing an I-821D, whether new or renewing, must also submit an I765 form for authorization to work in addition to the  I765 worksheet.

What Evidence Should I Provide?

The type of evidence you must provide depends on whether you are applying for a new DACA status or renewing an existing status.

However, you must provide all requested evidence with the application in both cases, but the documents must be copied. If the document is not in English, a translation is also required.

Here you can find more information about the supporting documents you need to provide depending on the type of application submitted.

If this is a new application, prepare a fairly lengthy document set. This includes, but is not limited to:

• Proof of age
• Proof that you came to the United States before your 16th birthday
• You have permanently resided in the United States since June 15, 2007

You can also see the full DACA requirements here.

This will be a substantial request for evidence and may contain many pages, so read the instructions carefully and prepare evidence to accompany your application.

To apply for an extension of status, the proof requirements will depend on whether the answers on your form have changed. If nothing has changed, wait for the USCIS to contact you; they will tell you if additional evidence is needed in your case.

However, USCIS lists two specific cases requiring evidence on Form 821D. 

• You are currently in exclusion, deportation, or deportation proceedings (USCIS informs you that you do not need to file these documents if your case is administratively closed)
• You’ve been charged with or convicted of a serious misdemeanor or felony

If either of these two circumstances is true, you must include appropriate evidence in your renewal application.

How to Fill Out Form I-821D

The I-821d form has several sections and requires significant evidence (this depends on whether you are a first time or renewing applicant).

Section 1: Personal Information

All applicants must complete this part. In addition to your background information, you must specify whether you are applying for a DACA status for the first time or renewal. 

You must also state your current immigration status, including whether you are in the process of deportation or deportation.

Section 2: Location and Travel Information 

Like the previous section, all applicants need to fill this section in.

New applicants need to provide more detailed information than renewal applicants. This includes providing detailed information about travel and stay history. Therefore, be sure to give a complete and accurate answer. 

You may also be asked for information about U.S. military service.

Section 3. US Arrival Information  

This is for original applicants only, and renewal applicants should skip this part. This section is for information about when and how you arrived in the United States.

Section 4: Information on Criminal Matters, National Security and Public Safety 

All applicants must complete this section and answer questions related to criminal justice, national security, and public security. Answer all questions truthfully and accurately.

Section 5: Applicant’s application, certificates, signatures, and contact information 

Sign and verify the accuracy and authenticity of this form here. 

Section 6: Translator’s Contact Information, 

Certificates and Signatures If a  translator helped fill out the form, you must sign and provide information here.

Section 7

If you are not the applicant, you will need to complete this part if someone else prepares your application, such as this applicant’s contact details, declaration, signature attorney. 

Section 8: Additional Information 

 If you need additional space, you can enter it in this part.

Form I-821D Fees

There is no registration fee for Form I-821D, but you must submit the registration fee and the biometric service charge using Form I765. The cost is $410.00 for applications and $85.00 for biometrics.

What Happens After I File Form I-821D?

You must mail the form to a specific location based on your U.S. residence. For more information, please refer to the USCIS guidelines for mailing Form I-821D.

After submitting a DACA status update or a new application, USCIS will check the integrity of the form. If you do not complete the form, USCIS may reject your request.

USCIS may also request more information or evidence or appear in an interview at the USCIS office. You can also request that you submit the original copy you submitted.

USCIS will return these originals when they are no longer needed. If the same documents are required to submit Form I-821D and Form I765  together, the documents need to be submitted only once.

In the event of an interview or other appearance at the USCIS office,  federal agencies may require you to provide biometric information (photos, fingerprints, signatures, etc.) to verify your identity and update background information.

USCIS will review your application to determine if the exercise of the prosecutor’s discretion is appropriate in your case. Each case will be investigated on a case-by-case basis.

Even if you meet the DACA criteria for consideration, USCIS may, in its sole discretion, determine that the deferred action is not subject to an unjustified amendment (which cannot be appealed) in your case. 

USCIS will notify you of its decision in writing after your case is complete.

Understanding the Form I-821D

The DACA Program is an excellent immigration initiative that gives chances to people who were here unlawfully. If you want to take advantage of this program, now you have everything you need to apply for your DACA grant.

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Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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