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DAP Forums > DREAM Act > The Lounge

Can you reapply if denied?

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#1
09-20-2012, 08:44 PM
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What if someone is denied can you reapply?
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#2
09-20-2012, 08:48 PM
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No.

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.

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#3
09-20-2012, 08:51 PM
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Question really is what if you are approved 1-821D (Deffered Action for Childhood arrivals) but denied i-765, can you then reapply for work authorization?
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Application by: Myself | Packet finished: 8/20/2012 | Sent: 8/22/2012 to Chicago
Delivered: 8/23/2012 at 12pm
G1145 Notification (Nebraska): 8/28/2012 at 7:48pm | I-797: 8/30/2012|
Biometrics: (DONE) 9/25/2012
RFE:11/05/12
Approved: 12/05/12| SSN Received: 12/15/12
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#4
09-20-2012, 09:03 PM
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Quote:
Originally Posted by Dreamernb87 View Post
Question really is what if you are approved 1-821D (Deffered Action for Childhood arrivals) but denied i-765, can you then reapply for work authorization?
If it works like TPS you might be able to appeal the decision.
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#5
09-20-2012, 09:06 PM
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Quote:
Originally Posted by goobie_pls View Post
If it works like TPS you might be able to appeal the decision.
If you are denied for DACA. You cannot appeal, you can re-apply but you will be denied again.
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Self Prepared| Sent: 8-21-2012 | Delivered: 8-22-2012 | G-1145 Received: 8-27-2012 | SC: California| I-797C Letter Received: 8-29-2012 | Biometrics Letter Received: 9-8-2012 | Biometrics Appt: 9-28-12 Reschd. 9-25-2012 | Walk in Biometrics Completed: 9-14-2012 | EAD Approved: 9-20-2012 | EAD Card Mailed: 9-24-2012 | EAD Card Received: 9-27-2012 |SSN Applied: 9-28-2012 |SSN Card Arrival: 10-09-2012|CA DL Arrival: 10-24-2012|
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#6
09-20-2012, 09:12 PM
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Quote:
Originally Posted by Siri2013 View Post
If you are denied for DACA. You cannot appeal, you can re-apply but you will be denied again.
There's no mention about work permit denials, once you get deferred action, work permits become a whole different issue.
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#7
09-20-2012, 09:16 PM
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Tricky situation. It does not explicitly state you cannot start a new case. A Lawyer can't help, we need more clarification from USCIS in this one.
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#8
09-20-2012, 09:18 PM
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Quote:
Originally Posted by NotAPro View Post
Tricky situation. It does not explicitly state you cannot start a new case. A Lawyer can't help, we need more clarification from USCIS in this one.
Pretty much, I've been looking everywhere and I can't find anything on the issue. Step 5 in the TPS filing process is the closest thing there is.
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#9
09-20-2012, 09:21 PM
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Quote:
Originally Posted by goobie_pls View Post
Pretty much, I've been looking everywhere and I can't find anything on the issue. Step 5 in the TPS filing process is the closest thing there is.
^might be one of the reason why in your Biometrics appointment the receipt number matches your i-765 application, and since Biometrics are for DACA, I can only determine once your DACA is approve so is your i-765, then again i can be wrong... we need more clarification from USCIS.
__________________
Application by: Myself | Packet finished: 8/20/2012 | Sent: 8/22/2012 to Chicago
Delivered: 8/23/2012 at 12pm
G1145 Notification (Nebraska): 8/28/2012 at 7:48pm | I-797: 8/30/2012|
Biometrics: (DONE) 9/25/2012
RFE:11/05/12
Approved: 12/05/12| SSN Received: 12/15/12
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#10
09-20-2012, 09:34 PM
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Quote:
Originally Posted by Dreamernb87 View Post
^might be one of the reason why in your Biometrics appointment the receipt number matches your i-765 application, and since Biometrics are for DACA, I can only determine once your DACA is approve so is your i-765, then again i can be wrong... we need more clarification from USCIS.
That's because form i-765 requires a background check. The receipt number is just your case number, you could get RFEs, denials, interview appointments, etc with that same number--it really doesn't mean anything.
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