You can use Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to request to defer your removal from the United States for a certain period of time. If you were brought to the U.S. illegally as a child, you can ask for a permission to stay in the U.S. for another two years.
NOTE: Deferred Action for Childhood Arrivals (DACA) is a policy in the U.S. that was introduced to allow immigrants who were brought to the U.S. illegally as children to obtain the right to stay in the country and not be deported. If you want to use DACA, you must be a law-abiding immigrant. You cannot have committed a felony or another crime, because USCIS will otherwise remove you from the country.
NOTE: Deferred action is defined as a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. In simple words, if an Immigration Judge orders you to be removed from the U.S., you can exercise your right to defer your removal using Form I-821D.
USCIS specifies that you should file your Form I-821D application between 120 and 150 days before your current period of deferred action expires. If you send the form earlier, USCIS will return the form with the instruction to file it again but later. To increase your chances for extending the period of deferred action, file the form in time.
Also, do not confuse Form I-821D with Form I-821, Application for Temporary Protected Status. These two forms serve different purposes. You can follow the link to Form I-821 to know when to use this form.
Form I-821D instructions
You can only file Form I-821D if you belong to one of the following categories:
- You arrived illegally to the U.S. as a child but were in removal proceedings.
- You arrived illegally to the U.S. as a child but your removal proceedings were terminated.
- You arrived illegally to the U.S. as a child and you are currently in removal proceedings.
- You want to renew your DACA.
In all cases, you must be 15 or older to be eligible for DACA.
Also, follow all other recommendations to filling out the form for USCIS: provide all the requested information and leave a handwritten signature on the form.
Form I-821D fee
The filing fee for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, is $495. USCIS also specifies that you cannot ask for a fee waiver for Form I-821D.
Because USCIS requests that you also file Form I-765 and Form I-765W, you will have to pay for those two forms separately.
Also, USCIS may set an appointment to take your fingerprints, photographs, and signature. Therefore, you may need to prepare extra $85 to pay for the biometric services.
Form I-821D processing time
As we have mentioned earlier, USCIS specifies that Form I-821D applicants file their application in the time period between 120 and 150 days before their current DACA expires. Therefore, it usually takes USCIS up to 120 days to process your form.
Processing Form I-821D may take longer if you do not provide enough information in the form. Also, note that USCIS will not process your Form I-765 if your Form I-821D was not approved.
Where to send Form I-821D
You have to mail your Form I-821D application to the following addresses (pay attention to the state where you currently reside):
Arizona or California
- If you are going to use USPS (U.S. Postal Service) to mail the form, use the following address:
USCIS Phoenix Lockbox Facility
USCIS
P.O. Box 20700
Phoenix, AZ 85036-0700
- If you are going to use FedEx, DHL, or UPS to mail your form, use the following address:
USCIS Phoenix Lockbox Facility
USCIS
Attn: DACA
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Alaska, Alabama, Arkansas, Florida, Guam, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Mississippi, Montana, North Dakota, Nebraska, New Mexico, Oklahoma, Puerto Rico, South Dakota, Tennessee, Texas, Utah, U.S. Virgin Islands, or Wyoming.
- If you are going to use USPS (U.S. Postal Service) to mail the form, use the following address:
USCIS Dallas Lockbox Facility
USCIS
P.O. Box 660045
Dallas, TX 75266-0045
- If you are going to use FedEx, DHL, or UPS to mail your form, use the following address:
USCIS Dallas Lockbox Facility
USCIS
ATTN: DACA
2501 S. State Hwy.121, Business
Suite 400
Lewisville, TX 75067
Colorado, Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Nevada, North Carolina, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia, Vermont, Washington, Wisconsin, or West Virginia.
- If you are going to use USPS (U.S. Postal Service) to mail the form, use the following address:
USCIS Chicago Lockbox Facility
USCIS
P.O. Box 5757
Chicago, IL 60680-5757
- If you are going to use FedEx, DHL, or UPS to mail your form, use the following address:
USCIS Chicago Lockbox Facility
USCIS
Attn: DACA
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517
Form I-821D PDF
You can download a free copy of Form I-821D directly from our website.
Last Updated 01/04/23 05:47:11AM
