What is Form I-821D?
I-821D, Consideration of Deferred Action for Childhood Arrivals, is the form used by individuals with Deferred Action for Childhood Arrivals (DACA) status. Established in 2012, DACA allows certain children who arrived in the United States as children and now meet other requirements to be eligible. DACA’s temporary relief from deportation allows eligible recipients to remain in the United States and obtain work authorization.
It is important to note that currently, USCIS does not accept new, initial applications of the I-821D, and only individuals filing to renew their status as DACA recipients are eligible to apply.
When to file Form I-821D:
Renewal of DACA status can be filed as early as 150 days before the expiration of their current status. USCIS instructions state, “USCIS encourages Renewal requestors to file as early in the 150 days as possible – ideally, at least 120 days before the DACA expiration date.”
If DACA status has expired, a renewal can be filed within a year of expiration. However, if an applicant’s status expires by more than a year without a renewal being filed, they will no longer be eligible to file a renewal and will be considered a new applicant. Due to the current government pause on initial DACA applications, they would be ineligible to file at this time.
Connected Forms
USCIS requires Form I-765 and I-765WS to be filed together with Form I-821D. Form I-765WS is an additional worksheet required to be filed along with the I-821D and I-765 for DACA recipients. Failure to include those forms along with the application will result in rejection by USCIS.
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