Deferred Action for Childhood Arrivals: Guidelines for filing request

There are several steps to be followed to file for consideration of Deferred Action for Childhood Arrivals.
Following all the steps carefully starting from submitting multiple forms, evidences and finally fees is very crucial to spare any delay or rejection due to common mistakes in preparing the request. Below are the tips to follow that can help avoiding such errors during filing.

1. MAILING ALL FORMS:
The following forms should be mailed together:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Form I-765, Application for Employment Authorization
- Form I-765WS, Worksheet
The mailing instructions have to be checked to find out where to mail the forms based on the state the applicant lives in.
It is necessary to send the mail to the P. O. Box address if the mailing is done through the U. S. Portal Service.
One should not pay for any blank USCIS forms either in person or over the internet, for all forms are readily available on the USCIS website.

2. AGE GUIDELINES BEFORE FILING:
Reviewing age guidelines carefully is another crucial step.
If the applicant has never been in removal proceedings, or the proceedings were terminated, he/she must be at least 15 years of age or older at the time of filing.
The applicant cannot be 31 or older as of June 15, 2012.

3. NAME AND DATE OF BIRTH:
The applicant should carefully write the name and date of birth the same way in each form, to maintain uniformity and avoid unnecessary delays caused by variation in the way the information is written.

4. SIGNING FORMS:
The applicant must sign both FORM I-821D and Form I-765.
If someone assists the applicant in filling out the forms, then that person should also sign both the forms in the designated box below the applicant’s signature.

5. CORRECT FORMS:
Another common mistake is filling up the wrong forms.
Hence, the applicant should make sure that the most recent form is being used.
Also, FORM I-821D is the form used to request consideration for Deferred Action for Childhood Arrivals.
Applicant shouldn’t jumble it with FORM I-821, which is a different form used to apply for Temporary Protected Status.
FORM I-765 should not be e-filed, and requests should be mailed as a package (FORM I-821D, FORM I-765, FORM I-765WS, evidence and fees) to the appropriate USCIS Lockbox.

6. CORRECT FEES:
The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived.
Fee Exemptions are available only under limited circumstances.
The applicant may submit separate checks of $380 and $85, or one single check of $465.

7. ANSWERING QUESTIONS:
It must be ensured that all the questions completely and accurately answered on the forms.
In case of inapplicable items or the answer is ‘none’, the applicant must leave the space blank.
Date and Places of Entry fields should not be left blank.
The applicant may fill in his/her closest approximation of the date or place of entry if he/she does not know the exact information.
The dates must be entered in MM/DD/YYYY format.
To ensure that the request is accepted for processing, the applicant must make sure to complete these required form fields:
- Form I-821D: Name, Address, Date of Birth
- Form I-765: Name, Address, Date of Birth, Eligibility Category

8. SUPPORTING DOCUMENTATION AND EVIDENCE:
The applicant must submit all the necessary documents and evidence those are required for USCIS to make a decision on the request.
The evidence must be organized and labelled by the guidelines it meets.
USCIS may issue a request for evidence if additional information is needed to make a decision on the applicant’s request.

9. PERSONAL INFORMATION TO PROVE ECONOMIC NEED:
USCIS will consider whether the applicant has an economic need to work, by reviewing his/her personal current annual income, current annual expenses, and the current value of assets.
There is no need to include other household member’s financial information to establish his/her own economic necessity.
Also, it is not necessary to submit supporting documentation, though it will be accepted and reviewed if the applicant chooses to submit it.

10. CLEAN AND ERROR-FREE FORMS:
USCIS prefers that the applicant type answers into the form and then print it.
If the applicant is filling out the form by hand, then he/she must use black ink.
In case of any mistakes, the applicant must start over with a new form.
Scanners will see through white out or correction tape and this could lead to the form being processed as incorrect, and lead to processing delays or denial.

11. REQUEST-PACKAGE REVIEWING:
It is important that the applicant review all the contents of the request package before filing with USCIS, to ensure that the request is accepted for processing.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is dedicated in its advocacy and community involvement efforts towards achieving effective comprehensive immigration policy reform. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.