DACA -- What is USCIS Looking For To Approve Your Case?

Sheds some light into the time it takes to process.
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DACA -- What is USCIS Looking For To Approve Your Case?
A client was waiting a long time for their DACA to be approved, so long in fact the it was even beyond the "normal" outrageous processing times. As most know, there is not much that can be done in such a case to "hurry up" the processing. We decided that we would do a Freedom of Information Act (FOIA) request for a copy of his file to determine what USCIS was doing with his case. Miraculously, we received the FOIA response back within 60 days. Also, miraculously, his DACA was approved shortly before we received the FOIA. So, why is this interesting? Because as part of the FOIA response, we received the USCIS checklist for DACA processing!

Receiving something like this is like finding a piece of gold in a pile of rubble. The value of knowing exactly what USCIS is looking at while adjudicating an application can be incalculable; and this particular document is no exception. For example the checklist clarifies something that USCIS has been somewhat evasive about in the context of possible misconduct by the applicant:

The following are not counted as convictions: Youthful offender-juvenile delinquency (review for EPS concerns), conviction in absentia, deferred prosecution, dismissals, dropped, set aside, nolle prosequi, full and unconditional pardons, expunged/vacated (unless the conviction was expunged/vacated for immigration purposes), STET - if still in place and requestor in compliance (Maryland and West Virginia), continued without finding, deferred adjudication.

This definition of conviction is far more limited than the definition of conviction found in the Immigration Act.

We also learn that for DACA applicants who are home-schooled, the case will automatically be referred to another speciality officer (the CFDO). More interesting is the number and types of system checks that must done to be approved for DACA, including, CIS 9101 and CIS 9202, FD258 (FBI), Ident and Non-Ident, CLAIMS (prior USICS filings), and IBIS. So, when USCIS say they do a detailed background check on each applicant, they are not kidding.

There are, of course, other points of interest in the checklist, including a reference to the USCIS's controversial "CARRP Protocols" (delaying cases for people from countries of predominate Muslim heritage), meaning for someone from such a country a possible LONG delay in in adjudication.

The Worksheet attached to the DACA Checklist allows for the officers to handwrite in their summary of the evidence submitted for proof of physical presence on June 15, 2012, and for proof of legal presence in each of the five years since June 15, 2007. There is also a place for the officer to note other supporting documentation, including affidavits.

Finally, there is a Decision Processing Worksheet attached to the DACA Checklist (which oddly enough also contains an H-2A expedite and H-1B Premium Processing worksheets). This Decision Processing Worksheet provides many options for the officer to approve RFE or deny the DACA application.

Knowing what is needed for a DACA approval is essential to properly preparing and presenting a DACA application. Because of this FOIA response, we now know what USCIS is looking for to approve your DACA case.






http://musingsonimmigration.blogspot...ng-for-to.html

So in layman's terms your DACA could be delayed if :
-You are home schooled
-something pops up in one of the many types of checks
-you have other immigration petitions
-you are from a predominantly Muslim country

Did I get it all? It seems like some of the people who have waited so long don't fall under any of those categories. It still doesn't explain why it takes over a year to process unless you are from a predominantly Muslim country and they're purposely delaying...

For sure, from what I gather USCIS processing times is not a perfect science by any means.

Wow, good stuff. Thanks for posting. I think it all depends on the officer who is processing your application. I even consulted with a lawyer and the lawyer said you will get approved or denied based on the person who gets your case. That might explain why some people get denied the first time they apply and then get approved the second time around.

I found this from another thread http://dreamact.info/forum/showthrea...1723&page=2144 from AlexanderMQ

The NSC Liaison Committee asked AILA members for examples of DACA cases pending more than six months. In response to the committee’s call for examples, AILA received over 400 case examples, including over 100 cases that have been pending for more than a year.

The vast majority of the examples AILA received are at the Nebraska Service Center (NSC): 283 have LIN (Nebraska) receipt numbers, and 120 have EAC (Vermont) receipt numbers. Most DACA cases at VSC were transferred to NSC in an August workload transfer. (AILA Doc. No. 13080850.) Only 12 case examples have an SRC (Texas) receipt number, and only 23 have a WAC (California) receipt number.

In over half of the 400 cases shared with AILA, the survey respondents indicated that they were not aware of any unusual circumstances that would explain the slow processing time. Many of the remaining long-pending cases involved one or more of the following circumstances:

The requestor had a criminal history -- numerous cases involved drinking and driving related incidents, juvenile adjudications, gang issues, and drug and theft offenses;
The requestor attended an online school or was homeschooled;
The requestor had previously been in removal proceedings or was in removal proceedings at the time of the DACA request;
The requestor had a petition or an application for other relief pending;
The requestor departed the United States for a considerable period of time either during or prior to the continuous residence period;
The requestor provided what the attorney considered to be a small amount of evidence to support either continuous residence during the relevant period or physical presence on June 15, 2012;
If you have a long-pending DACA case, check to see whether it may fall into one of the above categories. While not always true, these factors may lead to longer processing times. These findings are preliminary, and may not reflect USCIS policy decisions or adjudication trends.

My case took about 6 months mainly because I departed the US for a considerable amount of time prior to the continuous residence period. Honestly I thought my case was either gonna take a year or most likely denied. I was very surprised when they approved me in 6 months.

my app dint take that long plus i was taking a only GED program it only took around 4 months with a RFE i dont know why they lag it so much maybe some are more lazy then others

My case took only 28 day and I send over 260 pages in my case, the more info the better!!!!

The checklist that the website links to is the best I've seen so far. I hadn't read as to how many databases they search your information into, but then again, it shouldn't take that much time to double check stuff.

Not better...it depends on many factors. I sent 25 pages and my case took about 45 days.

what did you send