Anyone can help (Demise or anyone)

bali101 · 11-10-2019, 07:17 PM

Guys i need your assistant. I used to have Dcca, then i got married back in 2017 with US citizen. I was scheduled an interview in feb 2019. When i went for interview the officer could not find my file. He told us he will reschedule my interview within 3 months. However, today i received a letter saying that they denied my case. I am shocked without interview they denied.

Now my question is what are my options? i know i can file 1-290b. However, i would like to know if i can revert back to Dcca? Is it possible to go back to Dcca? if yes should i still file i-290b then file dcca? what should i do? need your opinion?

Pianoswithoutfaith · 11-10-2019, 08:27 PM

If you had daca before you can apply for it again

Swim19 · 11-11-2019, 06:40 PM

As long as your DACA hasn't lapsed for over a year, you can still apply to renew.

Quote:

As of Aug. 1, 2019, USCIS is returning to a one-year filing window across the board for requesting renewal of an expired period of DACA. This will bring current practices into alignment with USCIS’ “late renewal policy” that was in effect prior to Sept. 5, 2017. (See ARCHIVED FAQ, Q50). Accordingly, if you previously received DACA and your most recent period of DACA expired one year ago or less, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

https://www.uscis.gov/humanitarian/d...ary-injunction

If it's been more than a year it looks like you can apply as initial since you were granted DACA before:

Quote:

If you previously received DACA and your most recent period of DACA expired more than one year ago, or your most recent DACA grant was previously terminated, you cannot request DACA as a renewal but you may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your most recent period of DACA expired more than one year ago, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.

Was a reason given for why your AOS was denied? Did you do the process with a lawyer?

AleiaTheEnchanted · 11-11-2019, 06:59 PM

What was the reason of your denial?? It should let you know on your denial letter

bali101 · 11-16-2019, 07:37 PM

Quote:

Originally Posted by Swim19

As long as your DACA hasn't lapsed for over a year, you can still apply to renew.

https://www.uscis.gov/humanitarian/d...ary-injunction

If it's been more than a year it looks like you can apply as initial since you were granted DACA before:

Was a reason given for why your AOS was denied? Did you do the process with a lawyer?

The reason was that we did not present enough evidence during our interview. However, we did not have interview since they could not find our file.

bali101 · 11-16-2019, 07:38 PM

Quote:

Originally Posted by AleiaTheEnchanted

What was the reason of your denial?? It should let you know on your denial letter

The reason was that we did not present enough evidence during our interview. However, we did not have interview since they could not find our file.

Manhattan2017 · 11-19-2019, 01:13 PM

Quote:

Originally Posted by bali101

The reason was that we did not present enough evidence during our interview. However, we did not have interview since they could not find our file.

That seems awfully strange... not having enough evidence despite being married?
Was it a marriage of convenience....? lol

Malign0n · 11-19-2019, 02:47 PM

Quote:

Originally Posted by Manhattan2017

That seems awfully strange... not having enough evidence despite being married?
Was it a marriage of convenience....? lol

No. The thing is they didn’t even have an interview because the IO didn’t even find the case. OP you’ll need to appeal the decision

taoni10 · 11-19-2019, 03:48 PM

You should ask your lawyer weather it is better to file I-290B or just refile your i485. They can take as long as they want for the I-290B, sometimes it takes 90 days, sometimes it takes couple of years. Also, your EAD is not valid if they do not grant your I-290B. In the meantime, you should definitely renew your DACA.

bali101 · 11-19-2019, 09:23 PM

Quote:

Originally Posted by taoni10

You should ask your lawyer weather it is better to file I-290B or just refile your i485. They can take as long as they want for the I-290B, sometimes it takes 90 days, sometimes it takes couple of years. Also, your EAD is not valid if they do not grant your I-290B. In the meantime, you should definitely renew your DACA.

Thank you for the advise. I have talked to my lawyer. I will let you guys know what he says.

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Anyone can help (Demise or anyone)