Deferred Action Application Process Released


Pic.jpg  Dustin J. O’Quinn

U.S. Citizenship and Immigration Services (USCIS) released Form I-821D today and announced the process for requesting deferred action based on the guidelines described in the Secretary of Homeland Security’s June 15, 2012 memorandum.  USCIS will begin accepting these applications tomorrow, August 15, 2012.

The official title of the six-paged form is “I-821D, Consideration of Deferred Action for Childhood Arrivals”.  As described earlier, the childhood arrivals are called “DREAMers,” referencing the similarities between the June 15th memorandum and the proposed DREAM Act. The form must be filed simultaneously with Form I-765, Application for Employment Authorization and the accompanying worksheet, Form I-765WS, created specifically for childhood arrivals to establish a need for employment authorization. 

After the forms have been completed and filed with all required initial evidence, the USCIS will issue a receipt notice.  An e-notification of receipt will be issued by USCIS if requested on Form G-1145. Then and appointment will be scheduled which will take place at an Application Support Center (ASC) where the applicant’s biometric data will be collected. After the ASC appointment, the applicant will be subject to a background check before the review process will commence.

The amount of time the government will take to process these applications may be several months; however, applicants will be able to check their application status online at

In a national media call on August 3, 2012 USCIS stated that the guardians and relatives listed in each application will not be turned in to Immigration and Customs Enforcement (ICE) for removal proceedings; however, that information will be shared with national law enforcement agencies for the apprehension of criminals.

Though there is no fee for the I821D, applicants must submit a total of $465, including the $380 employment authorization application fee and an $85 biometrics fee. 

There is no deadline for this process and eligible immigrants may file at any time.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.


AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top