Immigration Law

Form I-821D: DACA Eligibility, Filing, and Renewal

Discover the eligibility criteria, filing process, and renewal requirements for Form I-821D, a crucial document for DACA applicants

Introduction to Form I-821D

Form I-821D, also known as the Consideration of Deferred Action for Childhood Arrivals, is a crucial document for individuals seeking to remain in the United States under the Deferred Action for Childhood Arrivals program. The form is used to request consideration for deferred action, which allows eligible individuals to remain in the country without fear of deportation.

To be eligible for DACA, applicants must meet specific requirements, including arrival in the United States before the age of 16, continuous residence in the country since 2007, and enrollment in or completion of high school or equivalent. The form requires detailed information about the applicant's background, education, and employment history.

Eligibility Criteria for DACA

The eligibility criteria for DACA are strict and require applicants to meet specific requirements. These include being under the age of 31 as of June 15, 2012, arriving in the United States before the age of 16, and having continuously resided in the country since June 15, 2007. Applicants must also be currently in school, have graduated from high school, or have obtained a general education development certificate.

Additionally, applicants must not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety. The eligibility criteria are subject to change, and applicants should consult with a legal consultant to ensure they meet the requirements.

Filing Process for Form I-821D

The filing process for Form I-821D involves submitting the completed form, along with supporting documentation, to U.S. Citizenship and Immigration Services (USCIS). The form requires detailed information about the applicant's background, education, and employment history, as well as documentation to support the applicant's eligibility for DACA.

Applicants must also submit a filing fee, which is currently $495, and undergo a background check. The filing process can be complex, and applicants are advised to seek the assistance of a legal consultant to ensure that the form is completed accurately and that all required documentation is submitted.

Renewal Requirements for DACA

DACA is a temporary program, and recipients must apply for renewal every two years. The renewal process involves submitting a new Form I-821D, along with updated documentation, to USCIS. Applicants must continue to meet the eligibility criteria for DACA and must not have been convicted of a disqualifying offense.

The renewal process can be complex, and applicants are advised to seek the assistance of a legal consultant to ensure that the form is completed accurately and that all required documentation is submitted. Failure to renew DACA status can result in the loss of work authorization and protection from deportation.

Conclusion and Next Steps

Form I-821D is a critical document for individuals seeking to remain in the United States under the Deferred Action for Childhood Arrivals program. The eligibility criteria, filing process, and renewal requirements for DACA are complex, and applicants are advised to seek the assistance of a legal consultant to ensure that the form is completed accurately and that all required documentation is submitted.

Applicants who are eligible for DACA should not hesitate to apply, as the program provides protection from deportation and work authorization. A legal consultant can provide guidance on the application process and help applicants navigate the complex requirements for DACA eligibility and renewal.

Frequently Asked Questions

What is the purpose of Form I-821D?

Form I-821D is used to request consideration for deferred action under the Deferred Action for Childhood Arrivals program, which allows eligible individuals to remain in the United States without fear of deportation.

Who is eligible for DACA?

To be eligible for DACA, applicants must meet specific requirements, including arrival in the United States before the age of 16, continuous residence in the country since 2007, and enrollment in or completion of high school or equivalent.

How do I apply for DACA?

To apply for DACA, applicants must submit Form I-821D, along with supporting documentation, to U.S. Citizenship and Immigration Services (USCIS). The form requires detailed information about the applicant's background, education, and employment history.

What is the filing fee for Form I-821D?

The filing fee for Form I-821D is currently $495, which must be submitted along with the completed form and supporting documentation to USCIS.

How often do I need to renew my DACA status?

DACA recipients must apply for renewal every two years, which involves submitting a new Form I-821D, along with updated documentation, to USCIS.

What happens if I fail to renew my DACA status?

Failure to renew DACA status can result in the loss of work authorization and protection from deportation, so it is essential to apply for renewal before the expiration date.