USCIS Stakeholder Meeting Notes

These notes are from the ILRC.
Taken by their fellow Barbara Pinto
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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 [email protected]. 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 [email protected].
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.

Thanks very helpful info

thanks. Hope to see questions about AP

I hope they accept my online diploma. So, does anyone know about lincoln acadamy is accardiated or not?
Thanks for the info my friends.

I wish they would've covered the large question that a lot have been wondering..

more details on why some are already past 100 days of waiting while some only waited 2-4 weeks to get approved.

Really good info!

wait what...
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

I thought, you couldn't re-apply?

I'm taking my ged exam it states that in California those test or certificate are not legit. Something like that. Go on line .

I think what he is saying is if you are denied because you don't fit the criteria you can't re apply.

But, if you are denied because you did not have sufficient evidence and for some reason you come up with it. You can re-apply. Interesting.