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DAP Forums > DREAM Act > The Lounge

IM SAD!! My sister and her husband got DACA DENIED!! - Page 9

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#81
03-14-2013, 07:56 AM
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anaananata
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Quote:
Originally Posted by Smooth View Post
That's what I am curious about. Was she married and lied about it?
erm....from what she said.... she was single when she filed, and THEN got married
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#82
03-14-2013, 08:52 AM
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morena83
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Im sorry, she graduated in 08'-09 any of those years, she is 23yo..... So she is of perfect age....


As for my bil, he did had struggles sending proof..... They requested for him proof from 06 til 12' ....he had lil proof.... Since he also graduated back in 08' i believe...ill get u exact dates later!! (I cant remember,
on his side, his mom cas too scared to let him use her lease contract, and info he could of had use to for proof.... She said that uscis might of be able to o home and arrest her!! :-/ BUT, she did let her other son use all her info, and this is sad, because i even helped him/them look for available proof for him....wthey also submitted notarized letters.... And yes, they sent info to lawyer at same time....we yet dont know how she sent it to uscis.....

In another note, i also learned lawyer didnt gave them the piece of paper where it states how much you earn a year, your deeds values here in us and how much you are left with...... And on the bottom you explain how you get that money in....( at that time my lawyer(hers too) told me to put in there too that i wanted to apply not for economical relief as i was my own buss but for emotional and stress relief, as that will bind me from being dwported for two years .......she did not filed this letter or remembers doing it....so it might be an incomplete app??
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#83
03-14-2013, 09:06 AM
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Quote:
Originally Posted by morena83 View Post

she noticed that where it asks your nationality it said UNITED STATES and i believe where it says "place where you reside" it said Mexico..
That right there is enough to deny the app.... for one it's lying(Lawyers mistake) and two you have to be present in the US at the moment you request DACA. Even though they were in the US at the moment... they put Mexico in the app as place where they currently live. Hopefully they can reapply again.
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#84
03-14-2013, 09:23 AM
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Quote:
Originally Posted by ivycali View Post
LMAO

Haha but, seriously, DACA was so new that many lawyers knew as much as some people here did. It wasn't like they had seen the forms in advance.
Immigration lawyers who do immigration law every day are on top of these things. The problem with DACA was that everybody else from ambulance chasers with no experience in immigration law to "consultants" were jumping in at the buffet.

In my own city, I drive by a giant "DACA" billboard (it's near a High School with a substantial Hispanic population) from a law-firm who has been around for a couple of years and all they did was personal injury. What's worse is that the lawyers are from my native country and I happen to know one of them from my younger days who was a complete screwup. I feel very sorry for anybody who used them.
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#85
03-14-2013, 11:23 AM
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My sister wasnt married yet when she applied for daca.... She got married in late october!
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#86
03-14-2013, 11:28 AM
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eRkah
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Quote:
Originally Posted by morena83 View Post
Im sorry, she graduated in 08'-09 any of those years, she is 23yo..... So she is of perfect age....
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:
Quote:
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;
Source

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
Quote:
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.
Source
Last edited by eRkah; 03-15-2013 at 10:24 AM..
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#87
03-14-2013, 11:38 AM
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morena83
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We shall be getting their letters today or tomorrow. Then i will update what happened!!

Like i said, the lawyer is very good!! We have been using her since 01' and has done my brothers and sisters paperwork!! I know she is human and she screwed big time with my sister!! And her husband and around same time frame with my dads paperwork!! For us being her "loyal" clients ...lol.... She gave us a brake and the cost of her fees was $250.00 ....she was charging $500.00 plus usvis fees for a total of $750.00

She is a certified immigration attorney and its ALL she handles.

and again she filled single because she was single at time of filling!!
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#88
03-14-2013, 11:57 AM
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eRkah
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I guess if you guys would be willing to trust her again, depending what the letters say, you can try to make her feel responsible for the applications getting denied, and make her find a solution..

I was just pointing out that your sis might still have options since you say they meet the criteria and have no criminal history

When my lawyer sent my own application, she left a required field blank, so the application was rejected. She just corrected it and submitted it again. Hope some of this helps!
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#89
03-14-2013, 12:40 PM
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acthorson
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Quote:
Originally Posted by morena83 View Post
Im sorry, she graduated in 08'-09 any of those years, she is 23yo..... So she is of perfect age....


As for my bil, he did had struggles sending proof..... They requested for him proof from 06 til 12' ....he had lil proof.... Since he also graduated back in 08' i believe...ill get u exact dates later!! (I cant remember,
on his side, his mom cas too scared to let him use her lease contract, and info he could of had use to for proof.... She said that uscis might of be able to o home and arrest her!! :-/ BUT, she did let her other son use all her info, and this is sad, because i even helped him/them look for available proof for him....wthey also submitted notarized letters.... And yes, they sent info to lawyer at same time....we yet dont know how she sent it to uscis.....

In another note, i also learned lawyer didnt gave them the piece of paper where it states how much you earn a year, your deeds values here in us and how much you are left with...... And on the bottom you explain how you get that money in....( at that time my lawyer(hers too) told me to put in there too that i wanted to apply not for economical relief as i was my own buss but for emotional and stress relief, as that will bind me from being dwported for two years .......she did not filed this letter or remembers doing it....so it might be an incomplete app??


That could be a reason to be denied, if they didn't summit the I-765 worksheet, which was a requirement.
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#90
03-14-2013, 01:00 PM
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morena83
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We already talked to her, and said the only thing to do is wait n see what letters say, and she has been told that if its something that she did (not sending all papers, on time, not correctly fixing what we pointed out) she will HAVE TO FIX IT no matter what!!! As she or others in her behalf acted irresponsable :-/

All we can do id wait, wait ....... Which is worst than waiting for an approval @-@
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