People who wish to obtain deferred action status must file the USCIS Form I-821D. Undocumented immigrants who file this deferred action application must also file, Form I-765, Application for Employment Authorization and Form I-765WS, Worksheet, even if they do not want to work in America.
Who can file Form I-821D for deferred action?
To file this form, you need to meet few prerequisites.
- You need to be between age 16 and 31.
- You must have got into the United States when you were a minor below age 16.
- You must have been living in America since 15th June, 2007 till date.
- You must not have a felonious criminal history.
- You must be a student, a graduate or must be a veteran who was honorably discharged.
- You must have been residing within the United States when the DACA policy was implemented and you must be present in the country while filing your request for deferred action.
- You must not have been encountered by US immigration officers right from the time you entered into the country.
- If you had entered into the country on a non-immigrant visa, you must have overstayed that visa and you must currently be an undocumented immigrant.
Similarly you may file Form I-821D, if you were never ordered to be deported or if the proceedings against you were terminated. People who are in removal proceedings or undocumented immigrants who hold final orders of removal, may also file applications for deferred action
Form I-821D – Filing Fee
You need to file Form I-821D along with a filing fee of $465 and that includes the form filing fee of $380 and the biometrics fee $85. USCIS also grants waivers to applicants who are unable to afford the form filing fee. But you will have to file your form without the fees only after the USCIS approves your request for a fee waiver. If your request is not approved, you will have to file the form along with the exact filing fees.
Where should I file Form I-821D?
You may print the form, complete it and mail it to the USCIS or you may easily file the form online.
What after filing my application?
Applications filed by all the undocumented immigrants will not be processed by the USCIS in the same manner and the USCIS will deal with the applications on a case by case basis. USCIS will decide on the applications after reviewing the supporting documents and if the USCIS finds that the applicant is eligible for DACA, it will approve that petition and grant deferred action status. If not, it will notify the applicant about the reasons for denial of the request. However, you may not be able to appeal if your request is denied.