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If You Get Rejected Can You Try Daca Again

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What can you exercise if your DACA renewal application was rejected equally not having been filed on time?

December xi, 2017

By Catholic Legal Immigration Network, Inc. (Clinic), Immigrant Legal Resource Center (ILRC), and National Immigration Law Center (NILC)

October 5, 2017, was the last mean solar day that U.S. Citizenship and Immigration Services (USCIS) would accept applications to renew Deferred Action for Childhood Arrivals (DACA). Only people whose DACA would expire between September v, 2017, and March v, 2018, were eligible to apply for a renewal. Presently after Oct. 5, 2017, people who had submitted applications began reporting that they had been rejected for the following reasons:

Category one: USCIS Lockbox–related error

  • Applications that arrived at the USCIS Lockbox and were picked up by USCIS by Oct. v, but were improperly rejected, the stated reason being that they were not received on time.
  • Applications that arrived to the USCIS Lockbox on Oct. 5, were not picked upward by USCIS until Oct. 6, and were rejected, the stated reason being that they were not received on time.

Category ii: U.S. Postal Service mistake

  • Applications that were postmarked a reasonable corporeality of time before the October. 5 deadline, arrived to the USCIS Lockbox afterward October. five, and were rejected.

Category iii: USCIS/applicant error

  • Applications that were postmarked prior to Oct. 5 and were rejected because of a perceived or bodily deficiency (such as a missing signature, incorrect/missing fees, or failure to mark a checkbox).

Category 4: Response to a request for additional information or show received after Oct. 5

  • Applications that USCIS received before October. five and were rejected with a letter saying that the applicant could resubmit their application with the proper prove or information. However, the resubmitted application was rejected considering it was received after Oct. 5.

On November 15, 2017, USCIS announced that it would let DACA renewal applicants with certain types of cases described nether categories ane and 2, in a higher place, to resubmit their application and that USCIS would upshot farther guidance at a later date near how to do this. USCIS has since issued the following via its website: USCIS Guidance on DACA Renewal Requests Affected by Mail service Service Issues and Frequently Asked Questions: Rejected DACA Requests.[1] The guidance in these USCIS publications applies only to applications rejected considering of the reasons in categories 1 and 2, to a higher place.

The information below seeks to explain the guidance USCIS has issued and so far. This publication volition be updated as nosotros learn more details well-nigh how rejected applications that autumn into one of the above categories are being reprocessed.

NOTE: If yous never had DACA or if you were ineligible to submit a renewal awarding after Sept. v, 2017, yous are not eligible to resubmit a DACA awarding for USCIS to consider.

Frequently ASKED QUESTIONS

My DACA renewal application arrived at the USCIS Lockbox by October. 5, but it was rejected every bit not having been filed on time (category 1). What should I do?

If you are in category 1, USCIS may already have sent you a letter asking you to resubmit your application. If you receive such a alphabetic character, you lot have 33 days from the letter's date to resubmit your awarding—so make sure to resubmit as quickly as y'all can.

If you have not received such a letter from USCIS, you may contact Lockbox Support at [email protected]. Nosotros recommend that you include the following information in your email message:

  • the date y'all sent your DACA renewal application, the date it was received at the Lockbox, the date information technology was received by a USCIS service center, and whatever other important, relevant dates that you know
  • your USCIS application receipt number
  • any tracking codes, if you sent the application by certified mail
  • a copy of whatever text or email message you received notifying you that the application was received by the Lockbox, if you filed a Form G-1145

Make sure to salvage copies of all your correspondence about this consequence.

Since my awarding was initially rejected because of an error that I did not brand, if USCIS approves the resubmitted awarding, will my DACA renewal and work authorization exist granted equally of the mean solar day after my DACA expired so there won't be a gap in my lawful presence?

No. If USCIS approves your resubmitted DACA renewal application, the effective date of both your DACA renewal and renewed work let volition exist the appointment the application is approved.

My awarding was postmarked a reasonable amount of time before October. 5 but arrived to the USCIS Lockbox after Oct. 5 (category 2). What should I practice now?

U.Due south. Postal service (USPS) mail service delays afflicted some DACA renewal applications, causing them not to be delivered by October. 5. USPS is creating a list of the affected applications to share with USCIS by mid-December. According to the USCIS FAQ, USCIS volition send messages to the DACA applicants identified by USPS inviting them to resubmit their applications. If yous receive such a letter, you will have 33 days from the letter's date to resubmit your application—so make sure to resubmit equally speedily as you tin.

My application was rejected considering USCIS incorrectly said that it didn't contain certain required information (category 3). What should I do now?

The U.Southward. Department of Homeland Security (DHS), the bureau of which USCIS is a part, has said that resubmitted applications will exist accepted only from people who filed a complete application with the proper $495 filing fee but whose awarding USCIS rejected, mistakenly challenge that the application was missing required information or the proper fee payment of $495.

Therefore, if your application was actually missing required information or the proper filing fee, USCIS will not accept a resubmitted application from you. For case, if the application you submitted by the Oct. five deadline was in fact missing a required signature, or a question in it was not answered, or the payment submitted with information technology was not the proper amount, etc., USCIS will not take a resubmitted application from you.

However, if you submitted a fully completed application with the proper fee just USCIS incorrectly rejected your application as not being complete, then you may contact Lockbox Support at [electronic mail protected] to provide the necessary details about your application and show that USCIS erred when information technology rejected the application.

I am eligible to resubmit my awarding. What should I submit?

If you decide to resubmit your application, yous should submit the following:

  1. A re-create of the letter USCIS sent you inviting you to resubmit your application.
  2. Your DACA application. Make sure to include:
    a. the correct, completed forms: the 01/09/17 edition of Form I-821D , Consideration of Deferred Activity for Babyhood Arrivals, which says "Expires 01/31/2019" in the top correct-manus corner;[2] Grade I-765 , Awarding for Employment Authorization; and Grade I-765 Worksheet ;[3]
    b. the correct filing fee ($495);
    c. two passport-size photos;
    d. a copy of the front and back of your concluding employment say-so document; and
    east. whatever required additional testify.

I do not authorize to resubmit my application, but my case was incorrectly rejected. Is in that location anything else I can practice?

DHS has insisted that resubmitted applications volition be accustomed only from people whose DACA renewal applications were rejected due to mailing-related errors (categories ane and 2). However, if you are in category 3 or 4, y'all tin take steps to raise awareness near how your and others' applications were unfairly rejected. The more people in positions of power know about these unfair rejections, the greater the likelihood that a solution will be created.

  1. Contact the USCIS Ombudsman'due south office

The Ombudsman's role reviews cases and may be able to provide you with data about yours. You can file an online Case Assistance Course DHS-7001 USCIS Ombudsman.[4] Before submitting the form, be sure to read and follow the instructions in the introduction regarding steps to accept prior to escalating a matter with the Ombudsman'south role.

To ask for expedited handling of your renewal application (to ask that USCIS procedure your renewal faster), follow these instructions that the Ombudsman'south office has provided. When y'all file the DHS-7001 form, state in the form:

a. the reason(s) yous are asking for expedited handling (such as that you may lose your current chore),
b. the steps you accept already taken to find out the status of your case, and
 c. what the local USCIS field office has told you nigh your case.

Once yous have completed and submitted the online grade, you should be issued an Ombudsman-specific case number to use to follow up.

  1. Contact your congressional representative

Call your congressperson's function and ask to speak with the immigration caseworker. Yous can detect out who your representative in Congress is and get their contact information by entering your nada lawmaking at www.house.gov/representatives/find/. You can find out who your state's two senators are by choosing your state from the drop-downwards carte at www.senate.gov/general/contact_information/senators_cfm.cfm.

Explain your problem to the caseworker, who may exist able to ask USCIS for information about your example. Information technology'southward important that our representatives in Congress sympathize details nigh the severity and telescopic of the problems you and thousands of others are facing as a result of the administration'southward decision to end the DACA program.

NOTES

[ane] https://world wide web.uscis.gov/news/alerts/uscis-guidance-daca-renewal-requests-afflicted-mail-service-issues and https://www.uscis.gov/daca2017/postal service-faqs.

[two] Form I-821D and its respective instructions have been removed from the USCIS website, but you can download them from NILC's website—at: www.nilc.org/wp-content/uploads/2017/12/i-821d.pdf (form) and www.nilc.org/wp-content/uploads/2017/12/i-821dinstr.pdf (instructions).

[3] Forms I-765 and I-765 Worksheet can be downloaded from https://www.uscis.gov/i-765.

[4]  https://cisomb.dhs.gov/oca/form7001.aspx.

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Source: https://www.nilc.org/issues/daca/what-can-you-do-if-your-daca-renewal-application-was-rejected-as-not-having-been-filed-on-time/

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