Hello! In need of help.
 

Okay, my brother told me about this site and I need some help.
I applied for the Deferred Action, but I was denied because I didn't have enough proof, I told them I had left to Mexico bc my grandma was sick, she passed away and I was going to send the certificate of death but my mom could not send it fast enough and I was denied. Could I reapply and not tell them I left?.
Your help would be greatly appreciated. :)

Re: Hello! In need of help.
 

i think you said your mom it's really urgently needed.

Re: Hello! In need of help.
 

Pretty sure you were not denied. In order to be denied, they have to prove you are ineligible. What exactly did the letter say? Your probably got an RFE (request for evidence).

Re: Hello! In need of help.
 

It says,

Decision
Uscis has evaluated your form 1-821D, consideration of Deferred Action for Childhood Arrivals.
For the reason(s) indicated below, Uscis has, in it's unreviewable discretion, determined that it will
Not defer action in your matter. Accordingly, your Form 1-765, application for employment
Authorization, has also been denied. Deferred action is a discretionary determination to defer removal action of
An individual as an act of prosecutorial discretion. You may not file an appeal or motion to
Reopen/reconsider this decision.


Then it has boxes and they checked the one that says;

You did not respond to a request to a request for evidence or notice of intent to deny within the time
Prescribed.



Not to long ago I called the office and explained why I didn't send the evidence sooner
And the person said that I had to talk to an immigration officer. I made an online appointment for this month
On the 15th but I don't think I will be able to go, because of lack of cash and I need to renew my passport. :/

Re: Hello! In need of help.
 

It feels the appointment is your only chance man. You need more evidence and missed the date for REF, if you miss the appointment, you basically forfeit.

Re: Hello! In need of help.
 

Sorry, but you are denied because they asked for evidence (RFE) and you failed to provide that evidence they were requesting. You cannot apply again...now you are on their list (anyone denied will be on the homeland security deportation list)...pretty much means if you are charged with a significant misdemeanor or felony, you will be deported.

Re: Hello! In need of help.
 

You will have to reapply again. Just be sure to include the new evidence along with your stuff. Be sure that the evidence shows you've only be outside the US for a brief amount of time.

And also, there are people on the forum who were originally denied who reapplied and were approved. You will not be on the "deportation list" as it is operated by a separate agency called Immigration and Customs Enforcement (ICE) and USCIS refers a case to ICE if there is reason to believe you are a criminal or national security threat

Re: Hello! In need of help.
 

WRONG!! YOU CANNOT REAPPLY IF DENIED. YOU CANNOT APPEAL IF DENIED...YOU CAN GET DEPORTED IF YOU DO! PLEASE DO NOT PROVIDE MISINFORMATION.

Those people that were "denied" and reapplied on the forum were not denied...their applications were REJECTED, meaning they either improperly filled the application or received a RFE.



Q1: Can I appeal USCIS’s determination?
A1: No. You cannot file a motion to reopen or reconsider, and cannot appeal the decision if USCIS denies your request for consideration of deferred action for childhood arrivals. USCIS will not review its discretionary determinations. You may request a review using the Service Request Management Tool (SRMT) process if you met all of the process guidelines and you believe that your request was denied due to one of the following errors:

USCIS denied the request for consideration of deferred action for childhood arrivals based on abandonment and you claim that you did respond to a Request for Evidence within the prescribed time; or
USCIS mailed the Request for Evidence to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before the issuance of the Request for Evidence.

SOURCE: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Re: Hello! In need of help.
 

Yes, a decision has been made on the case and the applicant cannot provide any new evidence or ask for a review. The case is closed. However, I do suggest the OP talk with a qualified attorney about the denial and what the options are moving forward. You nor I have backgrounds in immigration law. So it is in the best interest of the Original Poster to get a better opinion.

Remember that Deferred Action is unlike any other form of Immigration benefit. It is not like asylum or TPS where a person could ask for the case to be reopened; the are no separate funds dedicated to DACA, the adjudicative process is paid for by the Employment Authorization fee which is tied to Deferred Action request. Any denial cannot be reviewed as it would take away appropriated funds.

Re: Hello! In need of help.
 

USCIS states once denied, you cannot appeal, nor reopen the case...reapplying implies reopening the case. A lawyer cannot do squat once you are denied...A lot of lawyers were expressing this a lot when DACA launched...that if you apply, you must make sure to have everything legit and right because there are no second chances.