President Obama’s deferred action program has now turned one and this program is meant for the undocumented youth who entered into the country as minors. Form I-821D is the USCIS form that must be filed by the undocumented youth who are eligible for deferred action status.
Forms to Request Deferred Action
The application filing process involves few different steps and the following forms must be filed.
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA)
- Form I-765, Application for Employment Authorization
- Form I-765WS, Worksheet
Even if you are not interested in working in America while in the country in this temporary status, you will have to file an application for an employment authorization document. These three forms must be filed along with some supporting documents. The form filing fee of $465 also must accompany the application package. Remember that, you need to carefully complete your application and all common human errors must be avoided. You can complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online as the step by step instructions will help you to avoid errors and to successfully complete your petition. Carefully go through the form filing instructions as the instructions will help you to complete and file your petition.
Review Age Guidelines
Prior to filing your application for deferred action status, review the eligibility requirements and ensure that you are not below age 15 and above age 31. That is because unauthorized residents below and above ages 15 and 31, cannot apply for deferred action. Similarly, to qualify, you must establish that you have never been placed in removal proceedings.
Complete and Sign the Forms
You will have to enter personal information about yourself in Form I-821D and in Form I-765 and see to that you enter your name and date of birth in the same format in both the forms. Unsigned forms will not be accepted and many applications are rejected by the USCIS as the applicants fail to affix their signatures, prior to filing their forms. Make sure that you do not do this mistake and soon after you complete your petition, review your application once and affix your signature. Remember that, you must sign both the forms in the designated boxes. Answer all the questions and don’t forget to enter your name, date of birth, your address and your eligibility category. You must not leave the date fields blank and you may write “not applicable” beside an item that does not apply to you.
Know the Difference I-821D and Form I-821
You also need to ensure that you are completing the current version of the form as the USCIS quite often updates the forms. The most recent version of Form I-821D and Form I-756 must be filed. Likewise, some applicants fail to understand the difference between Form I-821 and Form I-821D. Form I-821D must be filed by the undocumented youth to request consideration for DACA and Form I-821 must be filed by the foreign nationals who seek to obtain Temporary Protected Status in America.
Fee waivers will be granted only in certain circumstances and you need to mail your application with the right fee. If you require a fee waiver, you need to file an application for a fee waiver and until the USCIS accepts your request, you must not file your application for deferred action without the fee.
Applications that do not accompany the required supporting documents will not be considered and only the documentary evidence that you submit along with your application for deferred action will help the USCIS officers to make sure that you are eligible for this temporary status. Hence, you must collect and mail all the relevant supporting documents along with your form I-821D, without fail.
File Your Completed Form
Applications for deferred action and employment authorization documents cannot be filed electronically and you need to mail the application package that includes Form I-821D, Form I-765 and Form I-765WS, to the right USCIS Lockbox. However, you can complete these forms online. Prior to filing your form, review the forms that you have completed and your application package. Make sure that your application package includes Form I-821D, Form I-756, Form I-765WS, supporting documents and the form filing fee.