Definition and Meaning
Form I-821D, "Consideration of Deferred Action for Childhood Arrivals," is a form used by individuals to request consideration for relief from deportation under the DACA program. Originally introduced in 2012, this form allows eligible undocumented immigrants who were brought to the United States as children to receive a renewable two-year deferment from deportation and request work authorization. However, as of 2017, the DACA program has been subject to various legal challenges, and initial or renewal requests for Form I-821D are no longer being accepted except for certain individuals in specific U.S. territories. This form was a crucial component for many seeking relief under DACA, providing them an opportunity to work legally in the U.S. while being protected from deportation.
Steps to Complete Form I-821D Online
When completing Form I-821D online, it is essential to accurately provide all requested information. Here's a step-by-step guide:
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Access the Online Form:
- Start by obtaining the correct version of Form I-821D online from official sources.
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Personal Information:
- Fill in your full legal name, date of birth, and current U.S. address. Ensure that all information matches official documents.
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Eligibility Criteria:
- Confirm your eligibility by providing details about your arrival in the U.S., educational background, and any criminal history.
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Supporting Documents:
- Gather and attach copies of required documents, such as school records, financial documents, or proof of residency.
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Sign and Submit:
- After fully completing the form, sign it electronically if submitting online or prepare for mailing if using a paper version. Double-check for accuracy before submission.
Required Documents
To successfully complete Form I-821D, specific documentation is essential:
- Proof of Identity:
- A valid passport or national identity document.
- Proof of Arrival:
- Evidence of entry into the U.S. before the age of 16, such as school enrollment records.
- Continuous Residence:
- Documentation proving continuous residence in the U.S. since June 15, 2007.
- Educational or Military Background:
- High school diploma, GED, proof of current school enrollment, or U.S. military service record.
- Criminal Records:
- Any court orders or police records if applicable.
Eligibility Criteria
Eligibility to file Form I-821D requires meeting several conditions:
- Age Requirement:
- Must have been under the age of thirty-one as of June 15, 2012.
- Time in the U.S.:
- Entry to the U.S. must have occurred before the age of sixteen.
- Continuous Presence:
- Must have resided continuously in the U.S. since June 15, 2007.
- Education or Military Service:
- Currently in school, have a high school diploma, GED, or honorable discharge from the U.S. Armed Forces.
Application Process and Approval Time
The application process involves completing Form I-821D and submitting it with supporting documents.
- Review Time:
- Processing times can vary, but past application periods required several months for initial review and approval.
- Approval Notice:
- Applicants previously received a formal notice regarding their application's status and any further steps needed.
Legal Use of the Form
Form I-821D legally provides relief from deportation and attempts to offer work authorization under the DACA program.
- Temporary Relief:
- Grants a renewable two-year deferment from deportation.
- Work Authorization:
- Allows eligible individuals to obtain an Employment Authorization Document (EAD).
Key Elements of Form I-821D
Understanding key elements can aid in accurate completion:
- Personal Information:
- Accurate entry of names, addresses, and identification numbers is essential.
- Biographical Data:
- Detailed descriptions of arrival circumstances, educational status, and any prior DACA requests.
- Attestation:
- Applicant certifies that all information provided is accurate under penalty of perjury.
State-Specific Rules
While Form I-821D follows federal guidelines, certain regions have unique considerations.
- U.S. Virgin Islands and Puerto Rico:
- Requests from these territories are considered on a case-by-case basis.
Understanding these specific and general requirements, alongside providing all necessary documentation, significantly increases the likelihood of a successful application process for those seeking relief under the DACA program through Form I-821D.
