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Originally Posted by morena83
Im sorry, she graduated in 08'-09 any of those years, she is 23yo..... So she is of perfect age....
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Is it possible that once you get the official letters of denial, you can take your case to a legitimate organization with attorneys that helps immigrants? But
not some random lawyer, since as it just happened to you, they're not very reliable..
The reason why I say this is because you might be able to work with USCIS and claim that you were denied because of 'poor legal advice'. This is normally possible for many immigration forms, but for DACA it's not clear, since you can't officially 'appeal' their decision. You can, however, either ask them to review your case again or possibly re-apply with all of the correct information:
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If USCIS decides not to defer action in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.
Administrative Errors
You may request a review using the Service Request Management Tool process if you met all of the process guidelines and you believe that your request was denied because of an administrative error. Examples of administrative errors include USCIS denying your request for deferred action because:
USCIS believes you abandoned your case by not responding to a Request for Evidence (RFE) and you claim that you did respond to the RFE within the prescribed time;
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This is an option they might consider exploring.
But if they do try that, they should probably have a really good lawyer, and be 110% sure they were denied because of a mistake in their application (such as their lawyer not sending everything or making errors in the application)
The other option is re-applying. You would have to be sure first that they did not refer your case to ICE. Again talk to a lawyer. Take this with a grain of salt, but I think I remember this question being asked to Director Mayorkas in one of the conference calls, and he said it might be possible
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Can the applicant re‐apply if denied?
Yes. An applicant may not file a motion to reopen or reconsider, and cannot appeal a denial by
USCIS. There is nothing to indicate, however, that an applicant may not re‐apply. It is not clear how much information USCIS will provide about the reasons for their denials, but to the extent that you can ascertain the reason(s) for the denial, you will want to review those and determine if the applicant can overcome those in a new application before re‐applying.
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