Deferred Action – Application Filing Process

The USCIS form that must be filed to request deferred action is Form I-821D, Consideration of Deferred Action for Childhood Arrivals. This form must be sent along with Form I-765, Application for Employment Authorization and Form I-765WS, Form I-765 Worksheet, to request employment authorization along with deferred action. USCIS may not consider your request, if your Form I-821D, does not accompany Forms I-765 and I-765WS and the required fee. Similarly there are a few supporting documents that you must send along with your application to request deferred action.

Complete all the parts of the forms and mail them along with the supporting documents and appropriate fees to a USCIS Lockbox. Once you send your application to the USCIS, your application will be accepted after is it reviewed and checked for completeness. The initial evidence that you send will also be checked. If the USCIS determines that your application is complete, it will accept your request and will send you an application receipt notice. You will also receive an appointment notice to be present at an application support center for biometrics collection. Read all the instructions provided in the notice and failure to follow the instructions will result in delay in processing your request. If you fail to appear at an application support center for biometrics, your request may be denied or the processing will be delayed. USCIS conducts background checks to determine your eligibility and these background checks involve the collection of fingerprints and photographs of the applicants.

If you file Form G-1145, E-Notification of Application/Petition Acceptance, you may receive an e-mail or a text message, once your application is accepted by the USCIS. Remember that the processing of your application is based on your particular case and all the requests may not be processed in the same way. USCIS may require additional documents to decide on certain cases. In such circumstances, USCIS will send a notice, requesting more information from you and you may be required to appear in person with the documents, at a USCIS office. USCIS will send you a written notice, once it comes to a decision based on your case. Undocumented immigrants who meet the key criteria may file Form I-821D, with the USCIS, to request deferred action while the individuals who are in immigration detention may not send a request to the USCIS and they must send a request to ICE.