Frequently Asked Questions About Rejected DACA Requests
December 01, 2017
Below are some of the most common questions that have been received regarding denied DACA applications. While this information is informative, every case is unique and based on individual circumstances. Should you have any further questions please contact an experienced immigration attorney.
Q1: Are any new DACA requests being accepted?
A1: No. The DACA policy for accepting new, initial DACA requests ended on Sept. 5, 2017.
Q2: Can I still submit a DACA renewal request?
A2: No. The due date for DACA renewal requests was Sept. 5, 2017 for recipients whose DACA expired before Sept. 5, 2017, and Oct. 5, 2017 for recipients whose DACA expired between Sept. 5, 2017 and March 5, 2018.
Q3: I believe that my DACA request was delivered by the deadline, but since it wasn’t officially “received” by USCIS until the following day, my request was rejected and returned to me. What do I need to do to have my DACA request reconsidered?
A3: USCIS will identify you and will send you a letter inviting you to resubmit your DACA request. You will have 33 days from the date of the letter to resubmit your request. You may wish to keep a copy of all materials included in your resubmission. USCIS expects to be able to identify and send letters to all persons in this situation.
Q4: I believe that my DACA request was delivered by the deadline, but since it wasn’t officially “received” by USCIS until the following day, my request was rejected and returned to me. However, I haven’t been contacted by USCIS to resubmit my DACA request. What should I do?
A4: If you believe your DACA request was delivered by the filing deadline but have not been contacted by USCIS to resubmit your request, you may contact Lockbox Support at [email protected] and explain your situation prior to resubmitting your package for reconsideration.
Q5: Will I be at risk of removal if my current DACA expires before my renewal is processed?
A5: Consistent with longstanding USCIS policy, you will not have deferred action if there is a gap of time between the end of your current DACA and the agency’s adjudication of your renewal request. Information provided to USCIS for the DACA process will only be proactively provided to ICE or CBP if the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE.
Q6: If my DACA renewal request is approved after expiration of my current DACA, will the renewed deferred action apply retroactively?
A6: No. In accordance with longstanding policy, an approved DACA request will not apply retroactively.
Q7: I submitted my renewal request on time, but it was rejected by USCIS for other reasons. Can I resubmit it again?
A7: If USCIS rejected your timely filed renewal request because it was not properly filed, that is a valid reason for rejection and it will not be reconsidered. However, if you believe your request was improperly rejected, i.e., it did include all required documents and information, and was properly signed and accompanied by the required fee or approved fee exemption, you may contact Lockbox Support for more information at [email protected].
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