Each application will consist of filing three forms. There is the application, Consideration of Deferred Action for Childhood Arrivals (Form -821D), Application for Employment Authorization (Form I-765) and the Employment Authorization worksheet (Form I-765WS).
Click here to read the memorandum released by the Department of Homeland Security regarding Deferred Action.
The USCIS has a huge amount of information on their website on the Deferred Action for Childhood Arrivals program but below is some quick information for your review.
- The USCIS is referring to this program as DACA.
- While the initial estimate of applicants was placed at about 800,000, it is anticipated that the actual number will be closer to 1.4 million or more.
- Applications will likely be processed at the Service Centers, which means the applications will be mailed into the USCIS. They will then be forwarded to District Offices for interviews if needed; (e.g. criminal issues.)
- The USCIS is currently hiring about 400 people for the Service Centers in anticipation of the landslide of applications to be filed.
- Every applicant will have to have his/her fingerprints taken for criminal checks. This will delay other types of cases like applications for green cards through marriage and naturalization cases by as much as 6 months.
- There probably there will not be a fee for the main application. However, the fingerprint check (biometrics) fee will be charged ($85.00)
- People requesting employment authorization will have to file a Request for Employment Authorization and pay the fee of $380.00.
- It is anticipated the USCIS after reviewing cases, will request additional information in most cases. It is important to have as much evidence as possible, when filing the application to avoid the delays of having to send in additional evidence.
- Before work authorization will be granted the main application will have to be approved. Hopefully, the Employment Authorization will be granted very soon after the main application is approved.
- As at this time it seems that there will be no right of Appeal. Better get it right the first time.
- It is not known whether there will be a right to travel internationally, if the application is granted.
- It may be possible to "waive" requirements for a government issued ID in some cases but as of now, the Mexican consulates are gearing up to aid people with obtaining birth certificates and issuing passports. Student IDs should list both last names for Mexicans so that it will be easier to assist with obtaining birth certificates and processing passport applications.
- Residence requirement - continuous physical presence (in the aggregate) for 5 years - temporary breaks are okay.
Avoiding Scams and Preventing Fraud
Someone told me if I pay them a fee, they can expedite my deferred action for childhood arrivals request, is this true?
No. There is no expedited processing for deferred action. Dishonest practitioners may promise to provide you with faster services if you pay them a fee. These people are trying to scam you and take your money.
The USCIS is very concerned about immigration scams and have the following information on their website.
Whether you choose to do your deferred action application yourself or use the services of an attorney, I strongly suggest that you do not rush your application. Rather get as much documentation and evidence as possible to submit with your deferred action application even if you take a little longer to file your case.