CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document
APPLICANT / BENEFICIARY: Chinese Client in New York.
The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases. According to this memo, issued in August 2012, an individual who meets the following criteria may apply for deferred action:
- Was under the age of 31 as of June 15, 2012;
- Came to the U.S. before reaching his/her 16th birthday;
- Has continuously resided in the U.S. since June 15, 2007, up to the present time;
- Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
- Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
- Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
- Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
Our client initially came to the United States in January 1998 with a B-2 visa when she was only 6 years old. Since then, she has remained in the United States.
As of June 15, 2012, our client was twenty-one (21) years old.
Our client also finished high school in the United States.
Since her last entry to the United States in January 1998, our client never left.
She was physically present in the United States on June 15, 2012 and has continuously resided here since January of 1998.
Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Accordingly, our client was eligible for this relief.
In October of 2020, she retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, she was still eligible for the renewal. Our client sent us supporting documents that prove our her education history, physical presence in the United States, and her initial entry to the United States. Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.
On November 5, 2020, our office filed her I-821D and I-765 to the USCIS. Eventually, on December 29, 2020, the USCIS approved our client’s I-821D and I-765. Her DACA status is extended to December 2022.