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I‐821D, Consideration of Deferred
Use this form to request that USCIS exercise prosecutorial discretion in your favor under the Deferred Action for Childhood
Action for Childhood Arrivals
Arrivals (DACA) process. You may also use this form to request renewal of deferred action.
Revised Body Text
Anyone who receives deferred action will not be placed into removal proceedings or removed from the United States for a
specified period of time, unless the Department of Homeland Security (DHS) chooses to terminate the deferral. USCIS
considers deferring action (including renewal of deferred action) on a case‐by‐case basis.
Requesters filing Form I‐821D must also file Form I‐765, Application for Employment Authorization, and Form I‐765
Worksheet, Form I‐765WS. You must fill out the paper Form I‐765WS and upload the completed copy with your application.
Link
CTA
Notes
Form I‐821D, Instructions,
page 1
https://www.uscis.g
ov/sites/default/files
/document/forms/i‐
765ws.pdf
www.uscis.gov/DACA
Learn more about DACA.
Before You Start Your Request
Eligibility
To request DACA, you must be at least 15 years old, unless you are currently in removal proceedings or have a final removal
or voluntary departure order.
https://www.uscis.g
ov/i‐821d
You may be considered for initial deferred action if you:
•Were under the age of 31 as of June 15, 2012;
•Came to the United States before reaching your 16th birthday;
•Have con nuously resided in the United States since June 15, 2007, up to the present me;
•Were physically present in the United States on June 15, 2012, and at the me of making your request for considera on of
deferred action with USCIS;
•Had no lawful status on June 15, 2012, meaning that you never had a lawful immigra on status on or before June 15, 2012,
or any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
•Are currently in school, have graduated or obtained a cer ficate of comple on from high school, have obtained a general
education ‐ development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of
the United States; and
•Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise
pose a threat to national security or public safety.
https://www.uscis.g
ov/DACA
Form I‐821D, Instructions,
page 1‐2; 11
You may be considered for renewal of DACA if you meet all the requirements for initial DACA and:
•Did not depart the United States on or a er August 15, 2012 without advance parole;
•Have con nuously resided in the United States since you submi ed your most recent request for DACA that was approved
up to the present time; and
•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.
We may consider deferring action in your case even if you have been arrested or detained by any law enforcement officer
and charges were filed, or if charges were filed against you without an arrest. We will evaluate the totality of the
circumstances in reaching a decision on deferred action. If we determine that you have been convicted of a felony, a
significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same
act, omission, or scheme of misconduct, or that you otherwise pose a threat to national security or public safety, we are
unlikely to defer action in your case.
CAUTION: If you file this request more than 150 days prior to the expiration of your current period of deferred action, USCIS
may reject your submission and return it to you with instructions to resubmit your request closer to the expiration date.
USCIS encourages renewal requestors to file as early in the 150‐day period as possible ‐ ideally, at least 120 days prior to the
DACA expiration date.
If you are currently in immigration detention, you may not request consideration of Renewal of DACA from USCIS. If you
think you meet the guidelines of this process, you should identify yourself to your deportation office.
Note: You must submit this form with Form I‐765 online. We will add Form I‐765 for you to complete after you sign your
Form I‐821D.
Fee
Fee: $0. All requesters must pay a $410 filing fee for Form I‐765 and a $85 biometric services fee. Once you complete and Fee: We will automatically calculate the cost for you before you submit your application. See Form G‐1055, available at
sign Form I‐821D and Form I‐765, you will pay all fees and submit both forms.
www.uscis.gov/g‐1055, for specific information about the fees applicable to this form. Once you complete and sign Form I‐
821D and Form I‐765, you will pay all fees and submit both forms.
Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact
Center at 800‐375‐5283. For TTY (deaf or hard of hearing) 800‐767‐1833.
Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact
Center at 800‐375‐5283. For TTY (deaf or hard of hearing) 800‐767‐1833.
Form I‐821D, Instructions,
page 11
After You Submit Your Request
Completing Your Form Online
Documents you may need
At the end of your request, we will highlight certain documents that you should provide with your request for DACA. At the
time of filing, you must submit all evidence and supporting documentation listed. Refer to uscis.gov/i‐821d if you need
additional information about evidence requirements.
https://www.uscis.g
ov/i‐821d
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Biometric services appointment
Individuals requesting DACA must submit biometrics. You may receive a notice scheduling you to appear at an Application
Support Center (ASC) for biometrics collection. Failure to comply with the notice may result in the denial of your deferred
action request. USCIS may, in its discretion, waive the collection of certain biometrics.
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Track your case online
After you submit your form, you can track its status through your USCIS account. Sign in to your account often to check your
case status and read any important messages from USCIS.
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Respond to requests for
information
If we need more information from you, we will send you a Request for Evidence (RFE) or Request for Information (RFI). You
can respond to our request and upload your documents through your USCIS account.
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Receive your decision
We will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each
case will be considered on an individual, case‐by, case basis. Even if you satisfy the threshold criteria for consideration of
DACA, we may determine that deferred action is not warranted in your case. You will be notified of the decision in writing.
There is no motion to reopen/reconsider the decision and there is no right to appeal.
Form I‐821D Instructions,
page 12
Filing online
Submitting your request online is the same as mailing in a completed paper form. They both gather the same information.
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Complete the Getting Started
section first
You should answer all questions in the Getting Started section first so we can best customize the rest of your online form
experience.
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Provide as many responses as you We encourage you to provide complete responses. Incomplete fields or sections and missing information can slow down the
process after you submit your form
can
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We will automatically save your
responses
We will automatically save your information when you select next to go to a new page or navigate to another section of the
form. We will save your information for 30 days from today, or from the last time you worked on the form.
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How to continue filling out your
form
After you start your form, you can sign in to your account to continue where you left off.
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DHS Privacy Notice
AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and
Nationality Act, section 101, et seq.
Form I‐821D Instructions,
page 13
PURPOSE: The primary purpose for providing the requested information on this form is to determine if you should be
considered for deferred action as a childhood arrival. The information you provide will be used in making a decision whether
to defer removal action in your case as an exercise of prosecutorial discretion.
Form I‐821D Instructions,
page 13
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information or any
requested evidence, may delay a final decision in your case or result in denial of your form.
Form I‐821D Instructions,
page 13
ROUTINE USES: The information you provide on this form may be shared with other federal, state, local, and foreign
government agencies and authorized organizations following approved routine uses described in the associated published
system of records notices [DHS/USCIS‐001 ‐ Alien File, Index, and National File Tracking System and DHS/USCIS‐007 ‐ Benefits
Information System] and the published privacy impact assessments [DHS/USCIS/PIA‐003(a) Integrated Digitization Document
Management Program (IDDMP), DHS/USCIS/PIA‐016a Computer Linked Application Information Management System and
Associated Systems, and DHS/USCIS/PIA‐056 USCIS Electronic Immigration System] which can be found at
www.dhs.gov/privacy.
Form I‐821D Instructions,
page 13
OTHER DISCLOSURE INFORMATION: Information provided in this request is protected from disclosure to U.S. Immigration
and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement
proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the
criteria set forth in USCIS’ 2011 Notice to Appear guidance (www.uscis.gov/NTA). The information may be shared with
national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for
assistance in the consideration of deferred action for childhood arrivals request itself, to identify or prevent fraudulent
claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information
sharing clause
covers family members and guardians, in addition to the requestor. This policy is not intended to, does not, and may not be
relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative,
civil, or criminal matter.
Paperwork Reduction Act
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of
information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of
information is estimated at 2.5 hours per response, including the time for reviewing instructions and completing and
submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to:
Form I‐821D Instructions,
page 13‐14
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, Regulatory Coordination Division
5900 Capital Gateway Drive, Mail Stop #2140
Camp Springs, MD 20588‐0009
Do not mail your completed Form I‐821D to this address.
OMB No. 1615‐0124
Expires: 03/31/2023
Security reminder
If you do not work on your application for more than 30 days, we will delete your data in order to prevent storing personal
information indefinitely.
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File Type | application/pdf |
File Title | Copy of TOC copy decks for all online filing products - Fee Rule NPRM.xlsx |
Author | sjstout |
File Modified | 2022-11-28 |
File Created | 2022-11-28 |