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Deferred Action for Childhood Arrivals Renewals (DACA) Information

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Deferred Action for Childhood Arrivals Renewals (DACA) Information

NYIC Clarifies USCIS Guidance on Resubmitting Rejected DACA Renewals
(Last Updated December 7, 2017)
On November 10th, the New York Times published a story revealing that at least hundreds of DACA applications that had been timely mailed to meet the sudden October 5th deadline for last-chance renewals had been rejected due to mail errors.  In a deposition, USCIS officials admitted that up to 4,000 applications had been rejected. The New York Immigration Coalition, through its legal service provider collaborative Immigrant ARC, had been tracking these rejections for at least a week prior to the story being published and noticed that rejections fell into three main categories:
1.     Renewal applications that arrived at the post offices by October 5th but were not accepted by USCIS until October 6th. This issue seemingly affected all three USCIS lockboxes that handle applications being submitted from all over the country;

2.     Renewal applications that were mailed with sufficient time to be delivered to the Chicago Lockbox but were delayed for days or weeks because of a mail delivery system error later admitted to by the US Postal Service;

3.     Renewal applications that contained actual or alleged clerical issues such as blank fields, erroneous boxes being checked, or the wrong amount written on checks and were rejected for those reasons, contrary to past standard practices by USCIS. Some of these applicants were invited to re-submit corrected applications that were ultimately rejected.
 
The FAQs published by USCIS on November 30th pertain only to groups 1 and 2 above - applications who’s tracking information shows they were received at the post office by the October 5th deadline but were not accepted by USCIS until the following day, and applications that were delayed because of mail service issues at the Chicago Lockbox.

The FAQs do not apply to the last group: applications rejected because of clerical errors, even if they were invited to re-submit correction applications.

Individuals who's applications were delivered by the October 5th deadline but for some reason were not accepted by USCIS until October 6th will be mailed a letter from USCIS. They must re-submit the application within 33 calendar days of receiving the letter. Individuals who do not receive a letter from USCIS but believe their application was delivered on time can email the lockbox support at lockboxsupport@uscis.dhs.gov. However, providers so far are reporting delays of over two weeks in response time from this email.
 
USCIS is working with the US Postal Service to identify the applications affected by the mail delivery delay. USPS expects to complete their review by mid-December, 2017, and USCIS expects that they will be able to notify affected applicants by letter a week after the USPS review is concluded.  Those individuals will also have 33 calendar days to re-submit their applications.

The NYIC will continue to work with our members and partners, including Immigrant ARC, to urge USCIS to accept all rejected applications that were filed in a good faith effort to comply with the arbitrary and rushed deadline imposed upon them. We also urge the administration and Congress to come to a quick understanding to find a long-term solution for DACA recipients, whose lives have been upended by the Administration’s rash decision to end DACA and its subsequent refusal to minimize the damages caused by government agency errors and malfunctions.
 
USCIS is indicating that they will not grant DACA renewals retroactively, even for individuals who's DACA applications should have been renewed before the expiration of their current grant but for the mail delivery errors.

The NYIC will continue to update our members and partners with information on this issue as it becomes available, please check this page for updated information.
 

LAST UPDATED: December 7th, 2017
 
 

 

 

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