Form I-821D is officially called the Consideration of Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services (USCIS). It is the most important form to submit for Dreamers requesting Deferred Action for Childhood Arrivals (DACA). This article explains Form I-821D, including who needs to file it, what the filing fees are, and what supporting documents you need to file with it.
Written by Jonathan Petts.
Updated October 19, 2022
Who Can File Form I-821D?
U.S. Citizenship and Immigration Services (USCIS) has specific eligibility requirements for new and renewing Deferred Action for Childhood Arrival (DACA) applicants. New DACA applicants who meet the general eligibility requirements for the program may file Form I-821D: Consideration of Deferred Action for Childhood Arrivals. You can review DACA eligibility requirements on our guide to the DACA program.
If you are renewing your DACA status, you can file Form I-821D if you meet the following eligibility requirements:
You have not left the United States on or after August 15, 2012, without receiving Advance Parole.
You have continuously resided in the United States since applying for and receiving your last DACA status grant.
You have not committed any felonies, significant misdemeanors, or three or more misdemeanors. You also do not pose a risk to the United States’s national security or public safety.
For both new and renewal applications, you are eligible to file Form I-821D if:
You have never been in a removal proceeding.
You have been in a removal proceeding, but an immigration judge terminated it before you submitted your DACA application.
If you are in a removal proceeding, have a final order of removal, exclusion, or deportation issued in other contexts, have a voluntary departure order, or have been in administratively closed proceedings, you may file this form to request that USCIS considers deferring action in your situation.
How Much Does It Cost To File Form I-821D?
There is no filing fee for Form I-821D. However, DACA applicants will need to submit filing and biometrics appointment fees when they file for a work permit (Employment Authorization Document or “EAD”), through Form I-765: Application for Employment Authorization and Form I-765WS, the worksheet. You will file both Form I-765 and I-765WS at the same time as Form I-821D.
Form I-765 has a filing fee of $410 and biometric services cost $85. You may pay these fees with a money order, personal check, or cashier’s check. Remember that U.S. Citizenship and Immigration Services (USCIS) is a government agency of the U.S. Department of Homeland Security (DHS), so you should make out your check to “U.S. Department of Homeland Security”.
If you are filing at a USCIS Lockbox facility, you can also pay by credit card using Form G-1450: Authorization for Credit Card Transactions. USCIS service centers cannot process credit card payments.
How Do You Fill Out Form I-821D?
Form I-821D contains seven sections and an additional information section, but not all sections may apply to you.
Part 1: Information About You
You must complete Part 1, which asks for some biographical information about you. In this section, you will specify if you are applying for an initial or renewal request for Deferred Action for Childhood Arrivals (DACA) status. You’ll need to indicate your current immigration status and disclose whether you are in any removal or deportation proceedings.
Part 2: Residence and Travel Information
You must also complete Part 2, where you’ll provide information on your residential and travel histories. New applicants must provide more information than DACA renewal applicants. As a new applicant, you’ll need to provide detailed information about your travel and residence history. The form will also ask whether you have ever served in the U.S. military in this section.
Part 3: Information About Your Arrival in the United States
Only initial DACA applicants will need to complete Part 3. Renewal applicants should skip this section. Part 3 asks about your arrival in the United States and information about how and when you traveled to the United States.
Part 4: Criminal, National Security, and Public Safety Information
All applicants must complete Part 4, which asks you to answer questions about national security, and public safety concerns. You should answer all questions truthfully. Even if you have a criminal record, you may still be eligible for DACA status. Check out our article on applying for DACA with a criminal record for more information on which offenses disqualify you from DACA status.
Part 5: Statement, Certification, Signature, and Contact Information of the Applicant
In Part 5, you’ll need to sign and certify that the information provided on this USCIS form is accurate and true.
Part 6: Contact Information, Certification, and Signature of the Interpreter
If you have used an interpreter to help you complete the form, you must have your interpreter sign and provide all necessary contact information on Part 6.
Part 7: Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other than the Applicant
If someone else prepared your request, such as an immigration lawyer, you must have that person complete Part 7 of the form.
Part 8: Additional Information
You should only complete Part 8 if you require additional space to answer any questions on the form.
What Supporting Documents Must You Send With Form I-821D?
The supporting documents you’ll need to send with Form I-821D depend on whether you are making an initial request for Deferred Action for Childhood Arrivals (DACA), or if you’re renewing your DACA status. You should provide photocopies of all documents you submit as evidence. You must have translated non-English documents into English.
New applicants will have to prepare extensive paperwork to provide evidence of their age and date of birth, documents proving arrival to the United States before their 16th birthday, documents proving continuous residence in the United States since June 15, 2007, documents proving your presence in the United States on June 15, 2012, documents proving your education (proof of high school attendance or the equivalent) or proving your military service (such as in the U.S. armed forces or coast guard), and more.
If your DACA status expiration date is approaching and you are applying to renew your status, the required evidence will depend on whether any of your form responses have changed. If nothing has changed, USCIS will contact you if they need additional evidence.
There are two specific cases in which USCIS will require additional evidence with this form:
At the present time, you are in exclusion, deportation, or removal proceedings. Note that if these proceedings are administratively closed, you won’t need to submit these documents.
You have committed a felony or misdemeanor.
If any of the above apply to you, be sure to submit evidence of these incidents in your renewal application package.
What Happens After Filing Form I-821D?
After you mail your Deferred Action for Childhood Arrivals (DACA) application, U.S. Citizenship and Immigration Services (USCIS) will check your form for completion. If your form is incomplete, they will send it back to you. USCIS may also request further information or evidence on your case through a Request for Evidence (RFE).
In some cases, they may request that you appear for an interview at a USCIS office or provide original copies of some documents you submitted. USCIS will return any original copies of these documents after they have reviewed them.
USCIS will review your complete application to decide on your case. Even if you satisfy the eligibility requirements for DACA status, USCIS may, for any reason, deny your DACA request. USCIS holds unreviewable discretion in DACA status determinations, which means that you cannot appeal its decisions on your application.