Simplified Information for DREAMers on Current Procedures of Filing and Processing

08/14/2012: Simplified Information for DREAMers on Current Procedures of Filing and Processing/Adjudication of Applications in General

During the last several decades, immigration agencies have gone through a process of restructuring of immigration papers filing and adjudication procedures from local community field offices to centralization into national filing and processing centers. This process has been drastically accelerated as affected by our new world governed by cyber space technology. To take advantage of the benefits which are made available by cyberspace technology to process applications more effectively and efficiently, and more importantly, to undertake monstrous task of immigration integrity (frauds) and national and homeland security (terrorists), the USCIS is currently slowly and gradually converting itsslf into complete electronic filing and adjudication system ahead. In this process of transformation, the USCIS system is at a transition stage gradually restructuring itself removing as much as possible the local field offices and Service Centers from the front-end filing of paper applications to the centralized regional filing facilities named Lockboxes. In other words, the USCIS is internally bifurcating the front-end application filing process and the back-end adjudication process. With the foregoing broad picture of the USCIS application management system, we would like to summarize, in general terms, the steps of filing and adjudication process of applications to help the DREAMers to understand general picturee of the process of benefits application filing and processing.

Generally, most of the applications are going through the following process:

Step 1: Front-End Filing of Application and Supporting Documents with Either Lockbox or Service Center: According to the DACA guidance which was released by the USCIS, the front-ent filing is likely made with a Lockbox facility rather than Service Centers. Currently there are three Lockbox facilities that accept different types of applications and perform the front-end processing function, including filing fee clearnce, digital data entry of all the documents into the computer systems which are received from the applicants by mail plus aasurance of acceptable filing of forms and initial evidence to determine whether to proceed with or reject the filing. Three Lockboxes include the following. Generally filing with Lockbox is determined by either resdience of applicant or type of cases. However, at this point, there is no information available about whether the Lockbox filing is determined by the residence of the applicant or type of the cases in the case of DACA. It is however important for the DREAMers to understand that Lockbox function is limited to the front-end processing of the papers and not adjudication. Accordingly, the Lockbox is not physically accessible and physcial contact with the facilities is not available:
Phoenix Lockbox Facility
Chicago Lockbox Facility
Dallas Lockbox Facility.

Step 2: Once the Lockbox completes the foregoing process, they forward the applications to Service Centers. There are currently five (5) Service Centers as follow. The function of Service Centers is to adjudicate and decide the applications. Accordingly, they perform the back-end function for an application and they are the key to approval or denial of applications. The jurisdiction is again determined either by residence of applicant or type of the cases. According to the DACA guidance, it is likely that the adjudicating Service Center will be determined by the residence of the applicants. The Service Centers perform the duties with no physical contact with the applicants or their representatives. Therefore again, DREAMers will have no physical contact with the Service Center adjudicators in the form of interview or otherwise.
California Service Center (Laguna Niguel, CA)
Vermont Service Center (Vermont)
Nebraska Service Center (Lincoln, Nebraska)
Texas Service Center (Dallas, Texas)

Step 3: The first function the Service Center performs with each application is to to schedule a Biometric Collection appointment. Biometric collection is undertaken by Application Support Centers (ASC) which are located in local areas throughout the country. Accordingly, this will be the first time the DREAMers will have to make a physical contact with the USCIS officials. Biometric collection includes collection of signature, digital fingerprinting and photograph of the applicant. The biometric collection is the prime most important step, without which the USCIS cannot perform fraud detection and national/homeland security clearance process. Since the fraud check or national/homeland security clearance is precondition for adjudication of the applications including DACA application itself as well as employment authorization application, the adjudicators in the involved Service Center will not be able to decide anything.

Step 4: Once fraud detection and security clearance jobs are completed, the adjudicators will be ready to adjudicate the applications. This is the stage when the agency review thoroughly the evidence to see whether the applicant meet the threshold requirement under the DACA guidance. During the adjudication process, four things can happen. (1) If the application and supporting documentation meet the threshold requirements with no negative evidence other than unlawful status, they are likely just approve the DACA and issue a driver license look-like employment authorization document (EAD) (2) However, since the documents which the applicants submit can be deficient or incomplete, they can issue Request for Evidence (RFE) in writing asking the applicants to submit the requested evidence and documents in the given timeframe. If the response and documents submitted in response to the RFE fail to meet the legal requirement, they will deny the DACA as well as EAD. Remember that EAD cannot be issued unless the DACA is first approved. (3) In the event that the adjudicator find that the DACA is deniable on the face, either they can give another chance to make it up with the additional evidence or flatly deny the application. It they choose the former option, they will write Notice of Intent to Deny (NOID) unless the applicant can submit additional evidence to overcome the issue of deniability. Depending on the nature of the NOID, this can potentially involve the risk of issuing NTA (Notice to Appear) or referral to the USICE for deportation proceeding if they deny the DACA. (4) However, when they find some issues which will have to be cleared only through the interview, the Service Center will transfer the case to the local USCIS office in the area of the applicant's residence for interview as the interview can clear up some issues. Shoud this happen, it will be the second physically contact with the immigration officials for the DREAMers. Transfer to the local office does not necessarily mean that there is involved any deportable issues under the DACA guidance. However, if it does involve one of the issues which the DACA guidance listed as the ground for issuing NTA or referral to the ICE for deportability decision, DACA applicant may face a difficult situation.

Step 5: If DACA is approved, they are likely to give an approval notice of DACA in writing and EAD. Such approval notice may not serve as an evidence of legal immigrant or nonimmigrant "status" but at least serve as an evidence that the applicant is staying in a lawful stay authorized by the USCIS.

CAVEAT: The foregoing information is a general summary of immigration benefit processing and does not represent the DACA proceeding in that until the details of additional information and application form is released tomorrow, 08/15/2012, no one knows exactly what process the DACA applicant will go through. Accordingly the DREAMers should not take the foregoing information as the law nor rules. This office will thus not be responsible for the consequences for anyone to rely on the information as the law and act on the information

http://immigration-law.com/

Damn. This seems like the MATRIX lol.

Certainly, it seems very arcane and complex. I'm sure it'll just be all much simpler once they transition to an online application system. Which they really should have started doing since the early 2000s.

Have guys noticed in Step 4 #2 says if we meet requirement for DACA we will likely to get aproval for EAD, means no needs to worry about proving economic hardship for EAD. Many threds are been asking this question.