*****Daca approvals <------****** - Page 1035

*respond

Am I qualified to submit a service request?

Hey guys I have been following since August and I finally decided to join. I have also been waiting for an approval. I applied in August with biometrics done on September 17. My friend and I went and had our biometrics done on the same date and he was approved on October 17. He already has his social and driver's license. My sister had her biometrics done on Oct. 11 and she got approved on Nov. 20 and she got her card yesterday. The wait has been killing me and I am losing patience as the days pass by.

i feel you brother :/ i have a few friends who applied weeks after i did and already got approved

_____

APPLICATION SENT: 8/23/2012
SERVICE CENTER: VERMONT
BIOMETRICS: 9/21/2012
APPROVAL: TBA

Hi,
I have come across this article from www.law-visa-usa.com regarding the last November 19, 2012 USCIS Stakeholder Meeting. This may answer some of your questions about DACA.

_____________


Notes from USCIS Stakeholder Meeting with Director Mayorkas

November 19, 2012


Director Mayorkas confirmed the updated DACA statistics were released last
week.[1] CIS issued the first DACA decisions on September 12, 2012. CIS has
also made available their FAQs in three new languages - Korean, Portuguese and
Tagalog, in addition to Spanish, Chinese and Vietnamese. CIS has also posted on
their website a guidance factsheet for employers on how to process I-9s for
individuals that have been granted DACA.[2]

The remainder of the Stakeholder meeting involved Director Mayorkas answering
questions from stakeholders.

Q: Some states categorize driving without a license as a misdemeanor or
infraction, would someone with 3 misdemeanor convictions of driving without a
license still be eligible for DACA?
A: Generally, we do not consider traffic infractions to be misdemeanors,
regardless of how it is classified by the state. But in the case of multiple
convictions, we will review the request on a case-by-case basis by looking at
the totality of the circumstances to determine if the individual poses a threat
to public safety. We don't look so much at the charge, but to the disposition
of the case.

Q: Why is it that some cases are being processed for biometrics faster than
others?
A: Generally cases are processed "first in time, first in right," however; some
ASCs are experiencing a high volume of requests and so it's not necessarily true
that a request received in one lockbox at an earlier date will be processed
before another case received at a later date in another lockbox. This may
explain some delays between ASCs.

Q: What is the current processing time for DACA cases?
A: The goal is 4-6 months processing time, excluding time periods to process
Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). However, we
are processing DACA requests faster than 4-6 months.

Q: May DACA applicants who are currently not yet 15 years of age apply for DACA
after they turn 15, if they can demonstrate they meet all of the other criteria?
A: Yes, individuals can age into the DACA process.

Q: Is a conviction for refusing to take a breathalysing test a significant
misdemeanor?
A: Unknown (no answer).

Q: Clarification of DACA denials vs. rejections...
A: Applicants will have an opportunity to cure evidentiary deficiencies in their
initial DACA submission with NOIDs or RFEs. We are issuing RFEs and giving
applicants 84 days to cure an evidentiary deficiency. Or if we issue an NOID,
applicants will have 30 days to respond.

Rejections
CIS has provided a tip sheet for applicants so as to avoid having their requests
rejected. DACA requests can either be accepted or rejected by a lockbox. Most
common reasons requests are rejected:
· Incomplete application
· Application isn't signed
· Fee is not included with submission and a fee exemption has not been
granted

RFEs/Denials
That is different from us making a decision on the merits and choosing to either
approve or deny the request for DACA. At this time, USCIS does not have the
empirical data to report on denials or referrals to ICE. Trend on denials &
RFEs – applicant fails to prove by a preponderance of the evidence that she has
continuously resided in the US since 6/15/107. For example, an applicant
submits a high school diploma to establish continuous residence for four years,
but the diploma itself does not speak to the 4 years, so we issue an RFE.
Someone can transfer to the high school and still obtain a diploma. The
strongest piece of evidence is school records for each year of school
enrollment.

Q: If someone is denied DACA can they re-apply?
A: Yes, an individual can file again subsequent to a denial (with additional,
new evidence). But if denial is based on evidentiary deficiency, she can cure
it.

Q: How is CIS dealing with individuals that have made a false claim to
citizenship?
A: Misrepresentation will be reviewed on a case-by-case basis; however, it is
not part of the criteria.

Q: Can someone qualify for DACA if they have a final order of removal?
A: Yes, as long as the other criteria is met.

Q: How is CIS handling applicants that have worked illegally in the US?
A: We have stated that applicants can submit employment records to prove
continuous residence. We understand people have worked without legal authority.
Employment records will be accepted to prove eligibility.

Q: Does a Spanish GED program qualify?
A: Language in which the course is provided is not dispositive of effectiveness.
It may be an eligible GED program.

Q: How should applicants handle DACA grants and prior removal orders?
A: A prior removal order doesn't compel a denial of a DACA request. If granted
DACA, a person can reopen for disposition.

Q: CIS has stated that DUIs will disqualify someone for DACA, but that expunged
convictions won't. What about an expunged DUI conviction?
A: We will review an expunged conviction on a case-by-case basis by reviewing
the totality of the circumstances to determine wither exercise of discretion is
warranted.

Q: What about individuals that are charged with a DUI but receive a conviction
for a lesser charge, like a wet reckless in CA?
A: Generally, we look at the conviction and not at the charge. But that's not
to say that we will not look at the charge, we want to consider it all.

Q: Client has been granted DACA and has received his EAD (employment
authorization document) but has now lost it; can he obtain a replacement card
without having to pay the application fee again or maybe by receiving a fee
waiver?
A: We haven't encountered that issue yet. Individuals with this issue can email
public.engagement@.... Maybe individuals can file Form I-90 instead
of refilling the I-765.

Q: How will CIS handle two misdemeanors that arise out of the same act or
occurrence?
A: Conviction of misdemeanors arising from the same act or occurrence will be
treated as one offense.

Q: Will individuals who have been granted deferred action and received their
EADs be allowed to travel outside the U.S.?
A: Individuals that have been granted DACA must request advance parole and only
upon that grant can someone then travel. There is a separate application and
fees for advanced parole. Travel must be for an employment, humanitarian, or
educational reason. See CIS FAQs for more information.

Q: What about ESL programs that are faith based?
A: We make no distinction between faith and non-faith based educational
programs.

Q: Can someone receive advance parole if they have an approved I-130 with a
spouse abroad; is that sufficient reason to travel?
A: Individual will need to present facts and we will evaluate on a case-by-case
basis. It is hard to adjudicate over the phone.

Q: Is there news about the Provisional Waiver Program?
A: Final rule upcoming THIS year on statewide waiver.

Q: How can individuals provide sufficient evidence of their juvenile
adjudications if the records have been sealed and it's against the law to submit
them to CIS?
A: Applicants should provide us with information about the juvenile adjudication
and indicate that permission has not yet been granted/is pending/was denied by
the court.

Q: Does someone qualify if they are enrolled in EDP (External Diploma Program)?
A: Not familiar with that program, check the FAQs for more information.
Q: If an individual is denied DACA, would the denial qualify the individual as
an enforcement priority?
A: A denial can qualify an individual as an enforcement priority if they pose a
danger to public safety. Consequences are different for individuals that are
not categorized as enforcement priorities. Just because a person is illegal
does not mean that they are an enforcement priority; the person would have to
present an independent reason to be categorized as an enforcement priority.

Q: Would a 2-3 week educational program qualify?
A: See FAQs.

Q: How many cases have been referred to ICE?
A: We do not have that information.

Q: Unaccredited high school program…?
A: Responsible to ensure program is legitimate. Look at FAQs for what is
sufficient. We are working with the Department of Education in regards to
legitimacy of programs. We may consider evidence that other universities accept
diplomas from that program.

Q: Have you seen a rise in number of applications submitted since the election?
A: See the data we released mid-November.

Q: How can an individual apply for DACA if they have a final order of removal
and are detained by ICE?
A: An individual with a final order of removal is not disqualified from
applying. If they are in detention, they should work with the Office of ICE
Public Advocate by either calling the hotline at 1-888-351-4042 or emailing
eropublicadvocate@....
A2: We strive to make RFEs informative and give requestors time to address
deficiency. However, if application is deficient in many regards, difficult to
take burden of guiding the applicant.

Q: What guidance can USCIS provide for potential DACA applicants who initially
entered before age 16, left the country, and then re-entered the country after
age 16, but before 6/15/07?
A: We are looking to provide guidance soon on this issue.

Hey congrats to everyone that has gotten approved so far!! Since I've gotten my receipt number ive been checking the numbers around mine and no one around me Was ever approved but today I saw that the 3rd person ahead of me got approved today! Lol I know they jump around but I just hope that means I'm soon

did she do a walk in as well?

I did my bios the same day as you. When did you originally send your application? If you dont mind me asking.

Mo your Nebraska or Vermont?

Ughhh still waitingggg...