I-821 FORM FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
The I-821 form for Deferred Action for Childhood Arrivals (DACA) is a result of U.S. President Barack Obama’s 2012 executive order allowing for certain young individuals to enjoy discretionary relief by the Department of Homeland Security and receive work permits to legally work in the United States without the threat of deportation despite their lack of lawful status. Thus, individuals who receive deferred action, or DREAMers, will not be placed into removal proceedings or be removed from the United States. This relief program is intended for individuals who were brought into the United States before the age of 16 to stay in the United States. For example, an individual who was brought to the United States at the age of 10 who would want to stay in the United States would be applying with the I-821 form.
LEGAL FEE
Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.
Our typical fee for a standard I-821D case is $1,500, not including, a governmental fee and third-party extensions. We are happy to customize a proposal for you during a consultation and walk you through what a standard I-821D case looks like. Note that we can also help you with the I-821D Renewal process even if we did not file your initial application. Please see below for more information.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for the I-821D Application
This is the most crucial step for your entire I-821D Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Prepare and Submit the I-821D to USCIS
Our attorneys will craft your I-821D arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.
Step 3: Biometrics Appointment
You will need to attend a biometrics appointment most commonly known as fingerprinting appointment. USCIS will conduct a mandatory criminal background check and verify your identity. The process itself does not take long and our office will assist you during this process.
Step 4: Responding to additional USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts
If additional documents/evidence are needed upon the submission of the case, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue forward with the case.
Step 5: Approval is Only The Beginning
Our services do not end when you receive your I-821D application approval, and this step is just the beginning. We provide guidance over:
- Social Security Application
- State ID/ DL Application
- I-821D Renewal Process
- and more!
ADDITIONAL RESOURCES
Checklist of Required Evidence
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate and that they are competent to translate from the foreign language to English.
Did you provide the following?
- Evidence to prove your identity and nationality
- Evidence to prove your date of entry into the United States
- Evidence to prove your residence in the United States
- Court disposition records (if you were ever arrested, charged, or convicted for a criminal offense)
I-821 Form Filing Fee
The following is a breakdown of the government fees typically associated with I-821 Form:
Initial Temporary Protected Status:
- USCIS filing fee
- Biometrics fee: $85
- Employment authorization fee: $410 (must submit Form I-765 with application)
Re-registration for Temporary Protected Status:
- Biometrics fee: $85
- Employment authorization fee: $410 (must submit Form I-765 with application)
Eligibility for I-821 Form
According to the Secretary of Homeland Security, Janet Napolitano, the June 15th Memorandum on DACA was put in place so that the law enforcement resources of the U.S. were not expended on low-priority cases. Furthermore, the Obama Administration concluded that, since individuals eligible for this policy change were brought to the United States as children, they were too young to have any intent to violate U.S. immigration law and should not be set as targets for deportation as they are otherwise law-abiding individuals. The temporary nature of this memorandum, however, is particularly salient. The memorandum can easily be overturned by the next administration, as it was implemented via executive order, and not by Congressional law.
Requirements:
- Applicant must also file Form I-765, Application for Employment Authorization;
- Applicant must have been under the age of 31 as of June 15, 2012;
- Applicant must have arrived in the U.S. before reaching his/her 16th birthday;
- Applicant must have continuously resided in the U.S. since June 15, 2007, up to the present time;
- Applicant must have been present in the U.S. on June 15, 2012, and at the time of making his/her request for deferred action with USCIS;
- Applicant must of had no lawful status on June 15, 2012, meaning that:
- Applicant never had lawful immigration status on or before June 15, 2012; or
- Any lawful immigration status or parole that applicant obtained prior to June 15, 2012 had expired as of June 15, 2012;
- Applicant must either currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard; and
- Applicant has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety;
- Applicant must be at least 15 years of age to apply.
Limitations:
- DACA status does not give applicants any sort of lawful status, and does not excuse the individual for previous periods of unlawful presence;
- It is not a path to getting permanent residence or citizenship;
- Individuals who receive DACA status will not be able to gain from federal benefits, such as financial aid for college;
- The benefits of deferred action are not transferred to immediate relatives;
- DACA recipients may not travel outside of the U.S. without an approved application for advance parole via Form I-131;
- Those who travel outside of the U.S. before USCIS has determined their status will not be considered for deferred action;
- Decisions on deferred action may not be appealed, reopened, or reconsidered;
- The deferral is good for a period of 2 years, and is subject to renewal.
Brief Departures
A brief, casual, and innocent absence from the U.S. will not interrupt continuous residence. If absent from the U.S. for any period of time, absence will be considered brief, casual, and innocent, if it was on or after June 15, 2007, and before August 15, 2012, and:
- The absence was short and reasonably calculated to accomplish the purpose for the absence;
- The absence was not because of an order of exclusion, deportation, or removal;
- The absence was not because of an order of voluntary departure or an administrative grant of voluntary departure before placed in exclusion, deportation, or removal proceedings;
- The purpose of the absence and/or actions while outside of the U.S. were not contrary to law.
Renewal Requirements
A brief, casual, and innocent absence from the U.S. will not interrupt continuous residence. If absent from the U.S. for any period of time, absence will be considered brief, casual, and innocent, if it was on or after June 15, 2007, and before August 15, 2012, and:
- The absence was short and reasonably calculated to accomplish the purpose for the absence;
- The absence was not because of an order of exclusion, deportation, or removal;
- The absence was not because of an order of voluntary departure or an administrative grant of voluntary departure before placed in exclusion, deportation, or removal proceedings;
- The purpose of the absence and/or actions while outside of the U.S. were not contrary to law.
SAMPLE & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-821D petition.
Cover Letter: [coming soon] We will also provide a cover letter sample for the I-821D petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Forms: Here is a list of the forms that are needed by USCIS
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
USCIS Fee Calculator: This is to help calculate how much the filing fee will be.
USCIS Mailing Address: This address is where it is mailed to USCIS.
USCIS Processing Timetable: This will help you figure out how long it will take to process.
ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.
FREQUENTLY ASKED QUESTIONS
Does My Spouse, Child, or Parent Have to File a I-821 Form?
Each person seeking TPS must apply for him or herself on a separate Form I-821. There is no derivative TPS status, meaning that your spouse, children or parents cannot obtain TPS as a result of your approval for TPS. They must each qualify for TPS individually.
However, USCIS may accept late initial TPS applications from certain individuals who had a qualifying relationship to a spouse or child during the initial registration period for the TPS-designated country and that relative is also currently eligible for TPS. Even where such a relationship exists, the applicant must still meet all other TPS eligibility requirements before USCIS may grant TPS. Please see the TPS page on the USCIS website at www.uscis.gov/tps or the latest Federal Register Notice regarding the TPS designation for your country for further information on late initial filing.
Do I Have to Request Employment Authorization with My I-821 Form?
If my case is deferred, am I in lawful status for the period of deferral?
If individuals meet the guidelines for consideration of DACA and are encountered by U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), will they be placed into removal proceedings?
Will the information I share in my request for consideration of DACA be used for immigration enforcement purposes?
When should I file my renewal request with U.S. Citizenship and Immigration Services (USCIS)?
How will USCIS evaluate my request for renewal of DACA?
If I initially received DACA and was under the age of 31 on June 15, 2012, but have since become 31 or older, can I still request a DACA renewal?
May I travel outside of the United States before I submit an initial Deferred Action for Childhood Arrivals (DACA) request or while my initial DACA request remains pending with the Department of Homeland Security (DHS)?
Can I apply for DACA for the first time ever now?
Can I apply for advance parole?
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.