You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Requirements
Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:
| Your situation | Required age |
| I have never been in removal proceedings, or my proceedings have been terminated before making my request. | At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012. |
| I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention. | Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request. |
Timeframe for Meeting the Guidelines
| You must prove | |
| That on June 15, 2012 you | As of the date you file your request you |
| |
Education and Military Service Guidelines
| Your school or military status at the time of requesting deferred action under this process | Meet education or military service guidelines for deferred action under this process (Y/N) |
I graduated from:
| Yes |
| I am currently enrolled in school.See the Education section of the FAQs for a full explanation of who is considered currently in school. | Yes |
| I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. | No |
| I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. | Yes |
Please see our Frequently Asked Questions for more detail on school-related guidelines.
Filing Process for Consideration of Deferred Action for Childhood Arrivals
If you meet the guidelines for deferred action under this process, you will need to complete the following steps to make your request to USCIS.
| Collect documents as evidence you meet the guidelines. You will need to submit supporting documents with your request for consideration of deferred action for childhood arrivals. You can submit legible copies of these documents unless the instructions specify you must submit an original document. |
| Examples of Documents to Submit to Demonstrate you Meet the Guidelines Please see the instructions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, for further details on acceptable documentation. | |
| Proof of identity |
|
| Proof you came to U.S. before your 16th birthday |
|
| Proof of immigration status |
|
| Proof of presence in U.S. on June 15, 2012 |
|
| Proof you continuously resided in U.S. since June 15, 2007 | |
| Proof of your student status at the time of requesting consideration of deferred action for childhood arrivals |
|
| Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. |
|
See our Frequently Asked Questions for information on submitting affidavits or circumstantial evidence to support your request.
| Complete the required two forms and worksheet |
| Form name | Fee |
| I-821D, Consideration of Deferred Action for Childhood Arrivals | Total fee of $465. $380 fee plus $85 fee for biometric services.These fees cannot be waived. |
| I-765, Application for Employment Authorization | |
| I-765WS, Worksheet | |
Form Filing Tips
| |
| Mail your forms to the appropriate USCIS Lockbox. See the mailing instructions for Form I-821D. Include the required forms, fees and supporting documentation with your filing. Remember to carefully follow instructions and fully complete your forms. USCIS will not accept incomplete forms or forms without proper fee. USCIS will mail you a receipt after accepting your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance. | |
| Visit an Application Support Center (ASC) for biometric services. After USCIS receives your complete request with fees, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, USCIS may deny your request for deferred action. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only. | |
| Check the status of your request on Case Status Online. The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides to defer action in your case. |
Fee Exemptions
There are no fee waivers available for the deferred action for childhood arrivals process. Fee exemptions are available in very limited circumstances. Visit the Fee Exemption page for more details.
If USCIS Defers Action in Your Case
If USCIS defers action in your case and grants employment authorization, you will receive a notice of decision in writing and an Employment Authorization Document separately in the mail.
If USCIS Does Not Exercise Deferred Action in Your Case
If USCIS decides not to defer action in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
USCIS will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). Your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more detailed information on the applicable NTA policy visit www.uscis.gov/NTA.
Administrative Errors
You may request a review using the Service Request Management Tool process if you met all of the process guidelines and you believe that your request was denied because of an administrative error. Examples of administrative errors include USCIS denying your request for deferred action because:
- USCIS believes you abandoned your case by not responding to a Request for Evidence (RFE) and you claim that you did respond to the RFE within the prescribed time; or
- USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before the issuance of the Request for Evidence.
To make a service request, you must call the National Customer Service Center at 1-800-375-5283. A USCIS customer service representative will then forward your request to the proper USCIS office. Your service request will be reviewed for accuracy and USCIS will send you a letter informing you of its decision.
The USCIS National Customer Service Center is now open Monday – Friday from 8 a.m. – 8 p.m. in each U.S. time zone.
| I-821D, Consideration of Deferred Action for Childhood ArrivalsI-821D, Consideration of Deferred Action for Childhood Arrivals (1.45 MB PDF) Instructions for I-821D, Consideration of Deferred Action for Childhood Arrivals (307 KB PDF) Form I-765 (MUST be filed with your Form I-821D) (61 KB PDF) Instructions for Form I-765 (741 KB PDF) Form G-1145, E-Notification of Application/Petition Acceptance (239 KB PDF) Purpose of Form To request that USCIS consider deferring action, on a case-by-case basis, based on guidelines described in the Secretary of Homeland Security’s memorandum issued June 15, 2012. 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. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Form I-765 Worksheet. Number of Pages Form 6; Instructions 10. Edition Date 06/25/13. No previous editions accepted. Where to File Where you file depends on your state of residence; check our Filing Addresses for Consideration of Deferred Action for Childhood Arrivals for the correct mailing address. Filing Fee The total fee for Forms I-821D, I-765 and the I-765WS is $465. This fee includes a $380 fee for Form I-765 and an $85 biometric services fee. Special Instructions Since you will file your forms at a USCIS Lockbox facility: We recommend reading our Lockbox Filing Tips. To receive an e-Notification when your forms have been accepted, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the Form I-821D. To ensure your request is accepted for processing: Sign the forms. Submit the correct fees. Send the documentation required by the form instructions. Ensure you complete these required form fields: – Form I-821D: Family Name Address Date of Birth – Form I-765: Name Address Date of Birth Eligibility Category – Complete Form I-765WS. This page can be found at https://www.uscis.gov/I-821D Last Reviewed/Updated: 07/11/2013 |
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