What to Do and What Not to Do When Filing for Deferred Action

The administration has implemented the deferred action process that will temporarily postpone the deportation of certain eligible undocumented immigrants from the United States and the USCIS is accepting requests from such eligible individuals. But the application filing process is not simple as it involves various steps.

Three different USCIS forms must be completed and sent along with the supporting documentation and fees, to a USCIS lockbox. As you cannot appeal, if the USCIS denies your request, it is wise to avoid mistakes while filling the forms. Incomplete forms and forms with mistakes will not be accepted, hence you may read the instructions before filling up the forms.

The three forms that must be filed are, Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization, Form I-765WS, Worksheet. According to the form instructions, the three Forms I-821D, I-765 and I-765WS must be mailed together, to a USCIS lockbox.

An application requesting deferred action must be sent along with an application for employment authorization. USCIS will not accept forms that are unsigned. So, make sure that you fill in all the required fields and sign Form I-821D and Form I-765, before mailing the forms. Remember to sign the forms, even if someone else fills the forms for you.

You need not pay for blank USCIS forms and you may download the forms from the USCIS website and remember to download the current version of the forms. Form I-821D and Form I-821 are both different and use Form I-821D, to request deferred action. Do not use Form I-821, as it must be filed to request Temporary Protected Status.

You may not e-file a request for deferred action and the completed forms must be mailed to a USCIS lockbox. Applications without the required fee will not be accepted and submit a check of $465 along with the application package. You may also choose submit separate checks of $380 and $85.

You must fill in your name, date of birth and address in the same format on Form I-821D and Form I-765 and do not leave any column blank. Supporting documentation that you mail along with your application play an important part, because the USCIS will decide whether or not to grant you deferred action only after reviewing the documents that you submit.

You can also label the documents according to the USCIS guidelines, as it will be easier for the USCIS to verify your documents. Fill the form using black ink, if you are completing it by hand or type your answers and then print your form. It is recommended to start over again with a new form if you make a mistake. Incorrect and illegible answers will lead to the denial of your request.

It is mandatory to understand the eligibility requirements for deferred action before filing an application. Your request may not be accepted if you do not satisfy the eligibility requirements. Requests from undocumented immigrants above age 31, will not be accepted by the USCIS. After you fill the forms, check your application package, before you mail it to a USCIS lockbox.