U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now fileForm I-821D, Consideration of Deferred Action for Childhood Arrivals, online.

• DACA requestors who submit a Form I-821D online must also file Form I-765, Application for Employment Authorization, which is available for online filing, as well as the Form I-765 Worksheet, which is required as evidence in support of the DACA filing.
• To file Form I-821D and Form I-765 online, a DACA requestor must first visit uscis.govto create a USCIS online account. There is no cost to set up an account, which offers a variety of features, including the ability to communicate with USCIS about your request through a secure inbox and respond online to Requests for Evidence.
• At this time, the option to file online is only available for individuals who have previously been granted DACA. If you are requesting DACA for the first time, you must continue to file a paper Form I-821D, Form I-765, and Form I-765 Worksheet.
• DACA requestors who file the paper Form I-821D, or any other USCIS form, can still create an online account to track the status of their form throughout the adjudication process, even if they did not file the form online.

Consistent with a court order issued in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068 (S.D. Tex. July 16, 2021), the Department of Homeland Security continues to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, under the July 16, 2021, order issued by the U.S. District Court of the Southern District of Texas, DHS is prohibited from granting initial DACA requests.

Improvements to USCIS technology are enabling more individuals to submit their requests online. By offering online filing for certain Forms I-821D, USCIS continues to make the process of requesting DACA more efficient, secure, and convenient.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033 or complete our contact form.