DACA Documents Checklist for I-821D Consideration of Deferred Action for Childhood Arrivals

The U.S. Citizenship and Immigration Services (USCIS) requires certain documents to be included with your application demonstrating that you meet the eligibility requirements for Deferred Action.  Below is a checklist of suggested documents which may help establish your eligibility.  You may have other documents which may be used that are not included on the checklist.  You should provide as many documents as possible to help establish your eligibility for Deferred Action.

DACA Documents List

DACA IDENTITY DOCUMENTS:

• Passport
• Birth Certificate
• National identity document from your country of origin bearing your photograph and/or fingerprint
• Any U.S. government, immigration or other document bearing your name and photograph, such as: Employment Authorization Document (work card), expired visas, driver’s licenses, state identification card or other identification issued in the U.S.)
• School issued or military identification card or form bearing your photograph and,
• Any other identification document you think relevant

DACA DOCUMENTS SHOWING THAT YOU CAME TO THE U.S. BEFORE YOUR 16TH BIRTHDAY:

• Passport with an admission stamp indicating the date you entered the U.S.
• I-94/I-95/I-94W Arrival/Departure Record
• Any INS, USCIS, Immigration Court or DHS document stating your date of entry such as a Notice to Appear or Order to Show Cause
• Travel records, such as airline, bus or train tickets showing your dates of travel to the U.S.
• School records from the schools you have attended in the U.S. showing your name, the name(s) of the school(s) and periods of attendance, such as: transcripts, report cards, other documentation
• Hospital or medical records concerning treatment or hospitalization which show the name of the medical facility, clinic, or physician and the dates of treatment or hospitalization
• Official records from a religious entity in the U.S. confirming your participation in a religious ceremony, rite, or passage such as baptism, first communion, wedding and,
• Any other documentation you believe relevant

DACA DOCUMENTS SHOWING YOU WERE IN UNLAWFUL STATUS AS OF JUNE 15, 2012:

(Not applicable if you entered the U.S. without inspection (illegally) and have never been in removal/deportation proceedings)

• I-94/I-95/I-94W Arrival/Departure Record showing the date your authorized stay expired
• Final order of removal, deportation or exclusion issued by the Immigration Court (Executive Office for Immigration Review) as of June 15, 2012
• Charging documents such as Notice to Appear or Order to Show Cause placing you into removal or deportation proceedings, or
• Any other document to show that as of June 15, 2012, you were present in the U.S. after your lawful status had expired

DACA DOCUMENTS SHOWING YOU WERE PRESENT IN THE U.S. ON JUNE 15, 2012:

• Rent receipts, utility bills (such as gas, electric, phone, etc.), receipts or letters showing the dates during which you received those services
• Employment records (such as W-2 forms, pay stubs, payroll records from employers), Federal or State income tax returns, employment verification letter(s), or, if you are self employed , letters from banks and other firms with which you have done business.

(NOTE: In the documents above, your name and the name and address of employer or other organization must appear on the form or letter, as well as relevant dates.  Letters must include: your address(es) at the time of employment, exact period(s) of employment, period(s) of layoff and a description of your job duties with the employer. Letters also must be signed by the employer and include the employer’s contact information.)

• School records from the schools you have attended in the U.S. showing your name, the name(s) of the school(s) and periods of attendance, such as: transcripts, report cards, other documentation
• Hospital or medical records concerning treatment or hospitalization which show the name of the medical facility, clinic, or physician and the dates of treatment or hospitalization
• Official records from a religious entity in the U.S. confirming your participation in a religious ceremony, rite, or passage such as baptism, first communion, wedding and,
• Military records (such as Form DD-214, Certificate of Release or Discharge from Active Duty; NGB Form 22, National Guard Report of Separation and Record of Service; military personnel records or military health care records)
• Money orders receipts for money sent in or out of the U.S.; passport entries/stamps, birth certificates of children born in the U.S., bank account statements, correspondence between you and another person or organization showing address and postage stamp showing date, U.S. Social Security card, automobile license receipts, tax, title, and vehicle registration, etc.; deeds, mortgages, rental or lease agreements, contracts; tax receipts, insurance policies, or
• Any other relevant document

DACA DOCUMENTS TO SHOW YOU MEET THE EDUCATION REQUIREMENTS :

DACA DOCUMENTS TO SHOW ANY ABSENCE FROM THE U.S. BEFORE AUGUST 15, 2012 WAS “BRIEF, CASUAL AND INNOCENT” INCLUDE BUT ARE NOT LIMITED TO:

• Airline or other transportation tickets or itinerary showing travel dates
• Passport stamps showing entries and/or departures
• Hotel receipts showing the dates you were outside of the U.S.
• Evidence of the purpose of your travel, such as attending a wedding, funeral, etc.
• Copy of advance parole (travel) document, and
• Any other evidence that could support a brief, casual and innocent absence from the U.S.

Form I-765 Application for Employment Authorization must be filed concurrently with Form I-821D Consideration of Deferred Action for Childhood Arrivals.

DACA FILING FEES:

• Form I-821D: There is no filing fee for this form
• Form I-765:    $495.00
• Filing fees cannot be waived.
• Filing fee exemptions are available in very limited circumstances. In order to be considered for a fee exemption you must provide documentation demonstrating that you meet one of the following conditions:
  • You are under 18 years of age, homeless, in foster care, or under 18 years of age and otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level,
  • You cannot care for yourself because you suffer from a  serious chronic disability and your income is less than 150% of the U.S. poverty level,  or
  • You, at the time of the request, accumulated $25,000 or more in debt in the past 12 months as the result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

Schedule a confidential consultation with our experienced immigration lawyers here or call our office at 919.755.0505.

 DACA Required Documents Checklist (Printable Version)