Deferred Action: How to Apply for DACA. FILING TIPS

The USCIS has just released the following tips on how to file an application for Deferred Action. If you need assistance, please contact our office for a $99 special on DACA application reviews by an attorney: call us now!

Filing your request for consideration of deferred action for childhood arrivals involves several steps. You need to submit multiple forms, evidence and fees. Small mistakes in preparing your request could lead to it being rejected. Please read these tips to avoid having your request rejected or delayed because of common filing errors.

1.      Mail all forms together – You must mail the following forms in one package: a. Form I-821D, b. Form I-765, c. Form I-765WS,  Read the mailing instructions to see where to mail the forms based on the state you live in. Remember to send it to the P.O. Box address if mailing through the U.S. Postal Service.

2.      Sign your forms – You must sign both your Form I-821D and Form I-765. If someone helps you fill out the forms, that person must also sign both Form I-812D and Form I-765 in the designated box below your signature.

3. Write your name and date of birth the same way on each form – Variations in the way information is written can cause delays. For example, you should not write Jane Doe on one form and Jane E. Doe on another form. It is important to read all instructions on the forms carefully.

4. Use the correct version of Form I-765 – Always make sure you have the most recent form when submitting your request with USCIS.

5. Use Form I-821D NOT Form I-821

6. Do NOT e-file Form I-765 – Requests for consideration of deferred action cannot be e-filed. You must mail your package (Forms I-821D, I-765, I-765WS, evidence and fees) to the appropriate USCIS lockbox.

7. Submit correct fees –The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived. There are fee exemptions available only in limited circumstances.

8. Answer all questions completely and accurately – If an item is not applicable or the answer is “none,” leave the space blank. To ensure your request is accepted for processing, be 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

9. Provide all required supporting documentation and evidence – You must submit all required evidence and supporting documentation. These documents are required for USCIS to make a decision on your request. Please organize and label your evidence by the guideline it meets.

10. If you make an error on a form, start over with a clean form 

11. Carefully review age guidelines before filing  You cannot be the age of 31 or older as of June 15, 2012, to be considered for deferred action for childhood arrivals.

If you’re interested in applying for Deferred Action but would like the assistance of an experienced immigration attorney, please call me.

Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. He has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com  He has more than 15 recommendations on LinkedIn. For more information and a free consultation, please contact him immediately.

 

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