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DAP Forums > DREAM Act > The Lounge

DACA Expired Over 3 years

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#1
10-02-2021, 01:23 PM
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559 posts
dreamofgold
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Hi All,

So one of my friends let their DACA Expire for over 3 years. Life happened and stuff.

They wanted to apply for DACA now. I was helping them do it.

Because it was expired over a year, it is an INITIAL Request right?

Now they are going to file it next week, but the question is, is it going to do anything?

Has USCIS stopped granting things because of the Ruling in Texas?

Can someone help and clarify this before they file and maybe waste money.
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#2
10-02-2021, 07:38 PM
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Quote:
Originally Posted by dreamofgold View Post
Hi All,

So one of my friends let their DACA Expire for over 3 years. Life happened and stuff.

They wanted to apply for DACA now. I was helping them do it.

Because it was expired over a year, it is an INITIAL Request right?

Now they are going to file it next week, but the question is, is it going to do anything?

Has USCIS stopped granting things because of the Ruling in Texas?

Can someone help and clarify this before they file and maybe waste money.
It will be filed as an initial request, and he will need to prove that he previously had DACA, and that he meets the other requirements (e.g. residency). He should include a cover letter that he was previously granted DACA, it expired over 1 year ago, and this is basically a very very late renewal.

I believe that USCIS still processes those regardless of an injunction.
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#3
10-03-2021, 11:53 AM
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dreamofgold
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Quote:
Originally Posted by Demise View Post
It will be filed as an initial request, and he will need to prove that he previously had DACA, and that he meets the other requirements (e.g. residency). He should include a cover letter that he was previously granted DACA, it expired over 1 year ago, and this is basically a very very late renewal.

I believe that USCIS still processes those regardless of an injunction.

Could you clarify other requirements, for example residency, from what years?
So, essentially they are putting the same evidence in for requirements as before, when they got DACA, since it hasn't changed.

Are there new requirements?
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#4
10-03-2021, 02:26 PM
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leo86
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Quote:
Originally Posted by dreamofgold View Post
Hi All,

So one of my friends let their DACA Expire for over 3 years. Life happened and stuff.

They wanted to apply for DACA now. I was helping them do it.

Because it was expired over a year, it is an INITIAL Request right?

Now they are going to file it next week, but the question is, is it going to do anything?

Has USCIS stopped granting things because of the Ruling in Texas?

Can someone help and clarify this before they file and maybe waste money.
What a mess. Self inflicted legal seppuku.

To fix this:

1) I would follow Demise's advice and file as an initial request while providing proof that they held DACA for a period. It's only $495. More than worth the trouble.

2)I would also get in touch with one of the Dreamer advocacy groups and explain the situation. Perhaps he/she can get legal advice from one of the lawyers on staff at one of these Dreamer's nonprofits.

3) Stay in touch with the Dreamer groups. Network with Dreamers. If it's a money issue , sometimes some of them will loan you the money to pay for the renewal or will outright give you a grant if you qualify under their prerequisites. Sitting in a corner alone and hoping for a miracle is not an option.
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#5
10-03-2021, 05:20 PM
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dreamofgold
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Quote:
Originally Posted by leo86 View Post
What a mess. Self inflicted legal seppuku.

To fix this:

1) I would follow Demise's advice and file as an initial request while providing proof that they held DACA for a period. It's only $495. More than worth the trouble.

2)I would also get in touch with one of the Dreamer advocacy groups and explain the situation. Perhaps he/she can get legal advice from one of the lawyers on staff at one of these Dreamer's nonprofits.

3) Stay in touch with the Dreamer groups. Network with Dreamers. If it's a money issue , sometimes some of them will loan you the money to pay for the renewal or will outright give you a grant if you qualify under their prerequisites. Sitting in a corner alone and hoping for a miracle is not an option.

From what I have listened to, its a bit complicated. They got married and then ended up breaking up before they finished the process for spouse.

So the daca is expired.

They have the money. Was making sure that it wouldnt be a waste of money since it is an initial request.

So doing a cover letter saying they got daca before and what other things should they include in the submission.
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#6
10-03-2021, 11:29 PM
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Joined in Nov 2009
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Quote:
Originally Posted by dreamofgold View Post
Could you clarify other requirements, for example residency, from what years?
So, essentially they are putting the same evidence in for requirements as before, when they got DACA, since it hasn't changed.

Are there new requirements?
Physical presence: June 15, 2007-Present. DACA EADs can be used, but anything outside their validity will need some other documents to plug holes.
Graduated high school/Got GED
Physically presence in US on June 15, 2012.

Can do a FOIA for the stuff he submitted the first time around.
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#7
10-07-2021, 12:04 PM
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dreamofgold
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I- 765 and the I-765 WS says file online or do we print and send like old times?
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#8
10-07-2021, 12:12 PM
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dreamofgold
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Nevermind, we found the form.
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#9
10-07-2021, 02:27 PM
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559 posts
dreamofgold
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Quote:
Originally Posted by Demise View Post
Physical presence: June 15, 2007-Present. DACA EADs can be used, but anything outside their validity will need some other documents to plug holes.
Graduated high school/Got GED
Physically presence in US on June 15, 2012.

Can do a FOIA for the stuff he submitted the first time around.
What is FOIA?

Do they need 2 passport photos for submission again?
__________________
Overstay since 7 yrs old | No criminal record | College Graduate | Post College Graduate
Application Sent - 08/15/12 to Phoenix | Delivered on - 08/16/12, Phoenix
G1145, 8/23/12 Routed to Nebraska | Received: I-797c, on 08/25/12
Bio Appt & completion: 9/17/12 | EAD Approved- 10/5/12 | DACA Approved 10/9/12 EAD Arrival 10/13/12 | DL AND Updated SSN - 10/16/12
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#10
10-07-2021, 05:34 PM
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Joined in Nov 2009
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Quote:
Originally Posted by dreamofgold View Post
What is FOIA?

Do they need 2 passport photos for submission again?
Freedom of Information Act. Basically it's a process via which you can basically a get a copy of your own immigration stuff. I've used it before to get a copy of my entire A-file.

Don't need photos. They always just use the ones from biometrics.
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