I-821D Instructions Table of Changes

I821D-013-INS-TOC-FeeRule-OMBReview-NPRM-11222022.docx

Request for Deferred Action for Childhood Arrival

I-821D Instructions Table of Changes

OMB: 1615-0124

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TABLE OF CHANGES – INSTRUCTIONS

Form I-821D, Instructions for Consideration of Deferred Action for Childhood Arrivals

OMB Number: 1615-0124

11/22/2022


Reason for Revision: Fee Rule

Project Phase: NPRM OMB Review


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 10/31/2025

Edition Date 10/31/2022



Current Page Number and Section

Current Text

Proposed Text

Pages 3-5,

General Instructions


[Page 3]



Each request must be properly signed and accompanied by the proper Form I-821D fee. If you are under 14 years of age, your parent or legal guardian may sign the request on your behalf. A designated representative may sign if the requestor is unable to sign due to a physical or developmental disability or mental impairment. A photocopy of a signed request or typewritten name in place of a signature is not acceptable. This request is not considered properly filed until accepted by USCIS.



If you fail to attend your biometric services appointment, USCIS may deny your application. 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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Copies. You may submit a legible photocopy of any document, unless you are specifically required to file an original document with this request. Original documents submitted when not required may remain a part of the record, and USCIS will not automatically return them to you.



[Page 3]



Each request must be properly signed and accompanied by Form I-765 and Form I-765WS. If you are under 14 years of age, your parent or legal guardian may sign the request on your behalf. A designated representative may sign if the requestor is unable to sign due to a physical or developmental disability or mental impairment. A photocopy of a signed request or typewritten name in place of a signature is not acceptable. This request is not considered properly filed until accepted by USCIS.



If you fail to attend your biometric services appointment, USCIS may deny your application. 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.


Filing Fee. There is no filing fee for Form I-821D. However, you must file Form I-765 and I-765WS with Form I-821D and pay applicable fees for Form I-765. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees.


Copies. You may submit a legible photocopy of any document, unless you are specifically required to file an original document with this request. Original documents submitted when not required may remain a part of the record, and USCIS will not automatically return them to you.



Pages 11-12,

Additional Information Relevant to ALL Requests for DACA


[Page 11]



USCIS will not consider deferring action in your case unless your Form I-821D is accompanied by Form I-765, with fees, and Form I-765WS. If you do not include Form I-765 with all applicable fees with your Form I-821D, your entire submission will be rejected.


Optional E-Notification of Request Acceptance. You may submit Form G-1145, Notification of Application/ Petition Acceptance, an optional form, which will notify you electronically when USCIS accepts your request for DACA.


[Page 11]



USCIS will not consider deferring action in your case unless your Form I-821D is accompanied by Form I-765 and Form I-765WS. If you do not include Form I-765 with all applicable fees with your Form I-821D, your entire submission will be rejected.


Optional E-Notification of Request Acceptance. You may submit Form G-1145, Notification of Application/ Petition Acceptance, an optional form, which will notify you electronically when USCIS accepts your request for DACA.


Page 12,

What is the Filing Fee?


[Page 12]


What is the Filing Fee?


The filing fee for Form I-821D is $85. This fee may not be waived under 8 CFR 106.3.


NOTE: The filing fee is not refundable, regardless of any action USCIS or the Immigration Court takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.


Payments by Check or Money Order


Use the following guidelines when you prepare your check or money order for the Form I-821D filing fee:


1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the check or money order payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


Notice to Those Paying by Check. If you send USCIS a check, we will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee.




[Page 12]

How To Check If the Fees Are Correct


Form I-821D's filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fee is correct by following one of the steps below.


1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




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Page 12,

Where to File?

[Page 12]


Where to File?



[Page 12]


Where to File?



Page 13,

Paperwork Reduction Act

[Page 13]


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 3 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: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0124. Do not mail your completed Form I-821D to this address.


[Page 13]


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 2.817 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: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0124. Do not mail your completed Form I-821D to this address.


Page 15,

Reminder

[Page 15]



Did you submit Form I-765 along with the filing fee ($410) required for the application for employment authorization, and did you also submit a completed Form I-765WS?



[Page 15]



Did you submit Form I-765 along with the required fees and a completed Form I-765WS?






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