Fillable Form I-821D: Instructions for Consideration of Deferred Action (ILW.COM)

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Form I-821D: Instructions for Consideration of Deferred Action (ILW.COM)

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Form I-821D Instructions 08/15/12 Page 1 of 9
Instructions for Consideration of
Deferred Action for Childhood Arrivals
Department of Homeland Security
U.S. Citizenship and Immigration Services
Use Form I-821D to request consideration of deferred action under the Secretary's memorandum. Deferred action is a
discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action
does not provide lawful status. All individuals filing Form I-821D must also file Form I-765, Application for Employment
Authorization, and Form I-765WS, Form I-765 Worksheet. See "Initial Evidence" section for more information.
The purpose of Form I-821D, Consideration of Deferred Action for Childhood Arrivals, is to request that U.S. Citizenship
and Immigration Services (USCIS) consider deferring action, on a case-by-case basis, based on the guidelines described
in the Secretary of Homeland Security's memorandum issued on June 15, 2012, as reflected in the "What is a Childhood
Arrival for Purposes of This Form?" section below (Secretary's memorandum). Deferred action is a discretionary
determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive
deferred action will not be placed into removal proceedings or removed from the United States for a specified period of
time, unless the Department of Homeland Security (DHS) chooses to terminate the deferral. See the Secretary's
memorandum at www.uscis.gov/childhoodarrivals
.
Who May File Form I-821D?
When Should I Use Form I-821D?
What Is the Purpose of This Form?
USCIS
Form I-821D
OMB No. 1615-0124
Expires 02/28/2013
1. Childhood Arrivals Who Have Never Been in Removal Proceedings
If you have never been in removal proceedings, but were in unlawful status as of June 15, 2012, submit this form to
request that USCIS consider deferring action in your case. For deferred action for childhood arrivals, unlawful status
means your lawful immigration status expired as of June 15, 2012, or you entered the United States without inspection.
You must be 15 years of age or older at the time of filing and meet the guidelines described in the Secretary's
memorandum to be considered for deferred action.
An individual may be considered for deferred action for childhood arrivals if he or she:
What is a Childhood Arrival for Purposes of This Form?
1. Was under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching his or her 16th birthday;
3. Has continuously resided in the United States since June 15, 2007, up to the present time;
4. Was present in the United States on June 15, 2012, and at the time of making his or her request for consideration of
deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general
education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the
United States; and
7. Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not
otherwise pose a threat to national security or public safety.
Form I-821D Instructions 08/15/12 Page 2 of 9
If you are currently in removal proceedings, have a final removal order, or have a voluntary departure order, you may
use this form to request that USCIS consider deferring action in your case, even if you are under the age of 15 at the
time of filing. You must also meet the requirements described in the Secretary's memorandum, including the requirement
that you were not age 31 or older on June 15, 2012, to be considered for deferred action.
3. Childhood Arrivals In Removal Proceedings, With a Final Removal Order, or With Voluntary Departure
NOTE: If U.S. Immigration and Customs Enforcement (ICE) has already deferred action in your case, you may file
Form I-765 and Form I-765WS with USCIS to ask for work authorization and do not need to file this form.
General Instructions
Each request must be properly signed and accompanied by Form I-765 with fees, and Form I-765WS. If you are under 14
years of age, your parent or guardian may sign the request on your behalf. A photocopy of a signed request or typewritten
name in place of a signature is not acceptable. This request is not considered properly filed until accepted by USCIS.
Translations. Any document containing foreign language submitted to USCIS must be accompanied by a full English
language translation which the interpreter has certified as complete and accurate, and by the interpreter's certification that
he or she is competent to translate from the foreign language into English.
Evidence. You must submit all required initial evidence along with all the supporting documentation with your request at
the time of filing.
Biometric Services Appointment. Individuals requesting consideration of deferred action for childhood arrivals will be
sent a notice scheduling them to appear at an Application Support Center (ASC) for biometrics collection. Failure to
comply with this notice may result in the denial of the deferred action request.
Copies. Unless specifically required that an original document be filed with an application or petition, a legible
photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will
not be automatically returned to you.
2. If you need additional space to complete any item, proceed to Part 7., Additional Information, of the form.
How to Fill Out Form I-821D
1. Type or print legibly in black ink.
3. Answer all questions fully and accurately. If an item is not applicable or the answer is "none," leave the space blank.
Advance Parole. Requests for advance parole will not be considered unless and until USCIS decides to defer action in
your case. Do not submit Form I-131, Application for Travel Document, with Form I-821D; if you do, the entire submission
will be rejected and returned to you.
If you were in removal proceedings which have been terminated by the immigration judge prior to this request, you
may use this form to request that USCIS consider deferring action in your case. You must be 15 years of age or older
at the time of filing and meet the guidelines described in the Secretary's memorandum to be considered for deferred
action.
2. Childhood Arrivals Whose Removal Proceedings Were Terminated
Form I-821D Instructions 08/15/12 Page 3 of 9
Initial Evidence
1. What Documents Should You Submit With Your Form I-821D?
a. You do not need to submit original documents unless USCIS requests them.
b. Evidence and supporting documents that you file with your Form I-821D should show that you meet all of the
following:
(1)
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
(2) Are at least 15 years of age at the time of filing, if required; (See “Who May File Form I-821D?” section of the
instructions for more information.)
(3) Arrived in the United States before the age of 16;
(4) You were born after June 15, 1981 (i.e., You were not age 31 or older on June 15, 2012);
(5) Have continuously resided in the United States since June 15, 2007, up to the present time;
(6) Were present in the United States on June 15, 2012; and
(7) Are currently in school, graduated or received a certificate of completion from high school, obtained a general
educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard
or U.S. Armed Forces.
2. What Additional Documents Should You Submit if You Are Currently or Have Been in Removal Proceedings?
Submit a copy of the removal order or any document issued by the immigration judge or the final decision of the Board
of Immigration Appeals (BIA), if available. If you have not been in removal proceedings, this question does not apply
to you.
3. What Documents Do You Need to Provide to Prove Identity?
Submit copies of any of the following:
a. Passport;
c. Any national identity document from your country of origin bearing your photo and/or fingerprint;
b. Birth certificate accompanied by photo identification;
d. Any U.S.-government immigration or other document bearing your name and photograph (e.g., Employment
Authorization Documents (EADs), expired visas, driver's licenses, non-driver cards, etc.);
c. Any Immigration and Naturalization Service (INS) or DHS document stating your date of entry (e.g., Form I-862,
Notice to Appear);
b. I-94/I-95/I-94W Arrival/Departure Record;
4. What Documents May Show That You Came to the United States Before Your 16th Birthday?
Submit copies of any of the following documents:
a. Passport with an admission stamp indicating when you entered the United States;
d. Travel records, such as transportation tickets showing your dates of travel to the United States;
e. Any school-issued form of identification with photo;
f. Military identification document with photo; or
e. School records (transcripts, report cards, etc.) from the schools that you have attended in the United States, showing
the name(s) of the schools and periods of school attendance;
g.
Any other document that you believe is relevant.
f. Hospital or medical records concerning treatment or hospitalization, showing the name of the medical facility or
physician and the date(s) of the treatment or hospitalization;
Form I-821D Instructions 08/15/12 Page 4 of 9
5. What Documents May Show You Were In Unlawful Status as of June 15, 2012? (Not applicable if you entered
without inspection and were never in removal proceedings.)
a. I-94/I-95/I-94W Arrival/Departure Record showing the date your authorized stay expired;
Submit copies of any of the following documents:
b. If you have a final order of exclusion, deportation, or removal issued as of June 15, 2012, submit a copy of that
order and related charging documents, if available;
c. An INS or DHS charging document placing you into removal proceedings, if available; or
d. Any other document that you believe is relevant to show that as of June 15, 2012, you were present in the United
States after your lawful status had expired.
Submit copies of any relevant documents such as:
6. What Documents May Demonstrate That You Were Present in the United States on June 15, 2012?
b. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, State
verification of the filing of state income tax returns, letters from employer(s), or, if you are self employed, letters
from banks and other firms with whom you have done business);
a. Rent receipts, utility bills (gas, electric, phone, etc.), receipts or letters from companies showing the dates during
which you received service;
c. School records (transcripts, report cards, etc.) from the schools that you have attended in the United States, showing
the name(s) of the schools and periods of school attendance;
f.
Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding);
e. Hospital or medical records concerning treatment or hospitalization, showing the name of the medical facility or
physician and the date(s) of the treatment or hospitalization;
d. Military records (e.g., Form DD-214, Certificate of Release or Discharge from Active Duty; NGB Form 22,
National Guard Report of Separation and Record of Service; military personnel records; or military health records);
g. Money order receipts for money sent in or out of the country; passport entries; birth certificates of children born in
the United States; dated bank transactions; correspondence between you and another person or organization; U.S.
Social Security card; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements,
contracts to which you have been a party; tax receipts; insurance policies; receipts; postmarked letters; or
h. Any other relevant document.
NOTE: In all of these documents, your name and the name of the employer or other interested organization must
appear on the form or letter, as well as relevant dates. Letters must include: your address(es) at the time of
employment, exact period(s) of employment, period(s) of layoff, and duties with the employer. Letters must also be
signed by the employer and include the employer's contact information.
h. Any other document that you believe is relevant.
g. Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding); or
a. School records (transcripts, report cards, etc.) from the school that you are currently attending in the United States,
showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level;
7. What Documents May Demonstrate That You Are Either: a) in School in the United States at the Time of
Filing; or b) Have Graduated or Received a Certificate of Completion from a U.S. High School; or c) Have
Obtained a General Education Development Certificate in the United States? (If applicable)
Submit copies of the following documents:
Form I-821D Instructions 08/15/12 Page 5 of 9
A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were
absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it
was before August 15, 2012, and:
10. Do Brief Departures Interrupt Continuous Residence?
a. The absence was short and reasonably calculated to accomplish the purpose for the absence;
9. What Documents May Show That You Continuously Resided in the United States during the 5-Year Period
Immediately Before June 15, 2012, and Up to the Present Date?
Submit copies of any relevant documents such as:
a. Rent receipts, utility bills (gas, electric, phone, etc.), receipts or letters from companies showing the dates during
which you received service;
c. School records (transcripts, report cards, etc.) from the schools that you have attended in the United States, showing
the name(s) of the schools and periods of school attendance;
f.
Official records from a religious entity in the United States confirming your participation in a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding);
e. Hospital or medical records concerning treatment or hospitalization, showing the name of the medical facility or
physician and the date(s) of the treatment or hospitalization;
g. Money order receipts for money sent in or out of the country; passport entries; birth certificates of children born in
the United States; dated bank transactions; correspondence between you and another person or organization; U.S.
Social Security card; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements,
contracts to which you have been a party; tax receipts; insurance policies; receipts; postmarked letters; or
h. Any other relevant document.
d. Military records (e.g., Form DD-214, Certificate of Release or Discharge from Active Duty; NGB Form 22,
National Guard Report of Separation and Record of Service; military personnel records; or military health records);
b. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, State
verification of the filing of state income tax returns, letters from employer(s), or, if you are self employed, letters
from banks and other firms with whom you have done business);
b. Your U.S. high school diploma or certificate of completion;
c. Your U.S. GED certificate; or
d. Any other relevant document.
8. What Documents May Demonstrate That You Are an Honorably Discharged Veteran of the Coast Guard or
Armed Forces of the United States? (If applicable)
Submit copies of the following documents:
a. Form DD-214, Certificate of Release or Discharge from Active Duty;
b. NGB Form 22, National Guard Report of Separation and Record of Service;
c. Military personnel records;
d. Military health records; or
e. Any other relevant document.
NOTE: In all of these documents, your name and the name of the employer or other interested organization must
appear on the form or letter, as well as relevant dates. Letters must include: your address(es) at the time of
employment, exact period(s) of employment, period(s) of layoff, and duties with the employer. Letters must also be
signed by the employer and include the employer's contact information.
Form I-821D Instructions 08/15/12 Page 6 of 9
Even if you satisfy the threshold criteria for consideration of deferred action for childhood arrivals, USCIS may deny
your request if it determines, in its unreviewable discretion, that an exercise of prosecutorial discretion is not warranted
in your case.
In accordance with the Secretary's memorandum, if USCIS determines that you have been convicted of a felony
offense, a significant misdemeanor offense, or three or more other misdemeanors not occurring on the same date and
not arising out of the same act, omission, or scheme of misconduct, or that you otherwise pose a threat to national
security or public safety, USCIS is unlikely to consider you for an exercise of deferred action. See Frequently Asked
Questions (www.uscis.gov/childhoodarrivals
).
What Is the Filing Fee?
There is no filing fee for Form I-821D. However, you must submit both filing and biometric services fees with Form
I-765. Please read Form I-765 filing instructions for complete information (www.uscis.gov/I-765).
USCIS will not consider deferring action in your case unless your Form I-821D is accompanied by Form I-765 with
fees, and Form I-765WS. The filing fee for the Form I-765 is $380. In addition, you must submit a biometrics fee of
$85 as set forth in the instructions to the Form I-765. Neither the filing fee for the I-765, nor the biometrics fee can be
waived. If you do not include Form I-765 with all applicable fees with Form I-821D, your entire submission will be
rejected.
12. What Else Should You Submit with Form I-821D?
Note: Individuals requesting consideration of deferred action for childhood arrivals will be sent a notice scheduling
them to appear at an Application Support Center to provide fingerprints, photographs, and signatures (biometrics
collection). Failure to comply with this notice may result in the denial of your deferred action as a childhood arrival
request.
USCIS will also conduct a background check. USCIS may consider deferring action in your case even if you have
been arrested or detained by any law enforcement officer and charges were filed, or if charges were filed against you
without an arrest. USCIS will evaluate the totality of the circumstances in reaching a decision on deferred action.
11. What Other Factors Will USCIS Consider When Making a Determination on Deferred Action?
c. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure
before you were placed in exclusion, deportation, or removal proceedings; and
d. The purpose of the absence and/or your actions while outside of the United States were not contrary to law.
In Part 2., Arrival/Residence Information, list all your absences from the United States since June 15, 2007. Include
information about all your departure and return dates, and the reason for your departure(s).
Documents you can submit that may show your absence was brief, casual, and innocent include, but are not limited to:
a. Plane or other transportation tickets or itinerary showing the travel dates;
c. Hotel receipts showing the dates you were abroad;
b. Passport entries;
d. Evidence of the purpose of the travel (e.g., you attended a wedding or funeral);
e. Copy of advance parole document; and
f. Any other evidence that could support a brief, casual, and innocent absence.
b. The absence was not because of an order of exclusion, deportation, or removal;
Form I-821D Instructions 08/15/12 Page 7 of 9
Processing Information
After your Form I-821D has been accepted, USCIS will check it for completeness, including submission of the required
initial evidence, and send you a receipt notice. If you do not completely fill out the form and required information, or file
it without the required initial evidence, USCIS may refuse to consider deferring action in your case.
Initial Processing
USCIS may request more information or evidence, or we may request that you appear at a USCIS office. We may also
request that you submit the originals of any copy. We will return these originals when they are no longer required.
Requests for More Information
If the same documents are required for both Form I-821D and Form I-765 that are filed together, the documents only have
to be submitted once.
USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case.
Each case will be considered on an individual, case-by-case basis. Even if you satisfy the threshold criteria for
consideration of deferred action for childhood arrivals, USCIS may determine, in its unreviewable discretion, that
deferred action is not warranted in your case. You will be notified of the decision in writing. There is no appeal or
motion to reopen/reconsider the decision.
Decision
Information provided in this request is protected from disclosure to ICE and U.S. Customs and Border Protection (CBP)
for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a
Notice To Appear or a referral to ICE under the criteria set forth in USCIS's Notice to Appear guidance (
www.uscis.gov/
NTA). The information may be shared with national security and law enforcement agencies, including ICE and CBP, for
purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request
itself, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a
criminal offense.
The above information sharing clause covers family members and guardians, in addition to the requestor.
Where to File?
Please visit the USCIS Web site at www.uscis.gov/I-821D or contact the USCIS National Customer Service Center at
1-800-375-5283 for the most current information about where to file this request. For TDD (hearing impaired) call:
1-800-767-1833.
You may elect to receive an e-mail and/or text message notifying you that your form has been accepted. To do so, you
must complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your
application. To download a copy of Form G-1145, including the instructions, refer to www.uscis.gov/G-1145
. The Form
G-1145 is activated after the form has been processed at the Lockbox facility and the receipt notice has been issued.
E-Notification
Address Change
If you have changed your address after filing this request, you must inform USCIS within 10 days of moving to your new
address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or
contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox
facilities do not process change of address requests.
This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and
may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any
administrative, civil, or criminal matter.
Form I-821D Instructions 08/15/12 Page 8 of 9
ROUTINE USES: The information you provide on I-821D may be shared with other federal, state, local, and foreign
government agencies and authorized organizations in accordance with approved routine uses, as described in the
associated published system of records notices [DHS-USCIS-001 - Alien File, Index, and National File Tracking System
and DHS-USCIS-007 Benefit Information System, which can be found at www.dhs.gov/privacy].
Paperwork Reduction Act
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number. The public reporting burden for this collection of
information is estimated at 2 hours and 45 minutes per response, including the time for reviewing instructions and
completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory
Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2020, OMB
No. 1615-XXXX. Do not mail your completed Form I-821D request to this address.
USCIS Privacy Act Statement
AUTHORITIES: The information requested on this form, and the associated evidence, is collected under Section 103(a)
of the Immigration and Nationality Act 1952, as amended.
PURPOSE: The primary purpose for providing the requested information on this form is to determine if you warrant
consideration of deferred action.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision and result in the denial of your form.
USCIS Forms and Information
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment
through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS Web site. Use the InfoPass
appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic
appointment notice that appears on the screen.
You can get USCIS forms and immigration-related information on the USCIS Web site at www.uscis.gov
. You may
order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by
telephoning the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call:
1-800-767-1833.
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with Form I-821D, we will
deny your Form I-821D and may deny any pending or future immigration benefit request or other request for services. In
addition, individuals may be placed into removal proceedings, face severe penalties provided by law, and be subject to
criminal prosecution.
Form I-821D Instructions 08/15/12 Page 9 of 9
Is Your Request Complete?
Did you answer each question?
Did you provide an original, handwritten signature and date your request?
Did you submit the necessary documents?
Did you submit evidence to show that you came to the U.S. while under the age of 16?
Did you submit evidence to prove identity, date of initial entry, and continuous residence from June 15, 2007,
(or earlier) up to the present time?
Did you submit evidence that you are currently in school, have a GED certificate, have graduated or received a
certificate of completion from high school, or are an honorably discharged veteran of the Coast Guard or Armed
Forces of the United States?
Did you submit Form I-765 along with the filing and biometric services fees ($465) total required for the
application for employment authorization and did you also submit a completed Form I-765WS?
If you were issued a final order, did you include a copy of that final order (if available)?
If your removal proceedings were terminated by an immigration judge, did you include a copy of the
immigration judge's termination order?
Did you provide evidence showing that, as of
June 15, 2012, you were present in the United States after your
lawful status had expired?
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Form I-821D: Instructions for Consideration of Deferred Action (ILW.COM)

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