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DAP Forums > DREAM Act > The Lounge

Can i reapply for Daca after getting this decision?

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#1
04-24-2016, 12:44 PM
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Michellete
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Decision
USCIS has evaluated your form 1-821D, consideration of differed action for childhood arrival. BaseD on a review of your case, it appears that the following occured: you have not established that, at the time of filling your request, you were currently in school, had graduated or obtained a certificate of completion from a U.S high school, or had obtained a general education development (ged) certificate or the equivalent State-authorized exam in the United states, or you are honorably discharged veteran of the cost guard or armed forces of the United States. Accordingly, USCIS has determined, in its unreviewable discretion, that you have not demonstrated that you warrant a fovorable exercise of prosecutorial discretion and it will not defer action in your matter. Accordingly, your form 1-765, application for employment authorization, has also been denied. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. You may not file an appeal or motion to reopen/reconsider this decision.
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#2
04-24-2016, 01:13 PM
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All sales are final.
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#3
04-24-2016, 01:26 PM
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Quote:
Originally Posted by 2MoreYears View Post
All sales are final.
What do you mean?
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#4
04-24-2016, 01:36 PM
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I recommend consulting a lawyer regarding this decision. Best wishes.
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#5
04-24-2016, 01:42 PM
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You would need to apply again with a GED or enroll in school. What did you send as proof that you went to school?
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#6
04-24-2016, 02:37 PM
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Well, DID you graduate from High School or have a GED and submit proof?
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#7
04-24-2016, 03:10 PM
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I didn't gradaduate from high school or I haven't obtained a ged diploma yet, I'm taking ged classes can i reapply by being enrolled at an adult program/ ged preparation class?
I sent my high school transcripts and other documents to proof..
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#8
04-24-2016, 03:20 PM
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Quote:
Originally Posted by Casillas17 View Post
You would need to apply again with a GED or enroll in school. What did you send as proof that you went to school?
Are you saying re-applying after being denied overrides any previous decisions? That doesn't make sense to me as that would rendered useless their unappealable final decisions. What makes more sense is that decisions are made per applicant and not per application. However, if an applicant truly believes he/she qualifies for DACA and was denied deferred action because an error, a request to review final decision can be made.

https://my.uscis.gov/helpcenter/arti...y-daca-request

Now, what I feel it's happening here is that OP doesn't really qualify and just took her chances. Will not be surprised if denied apps go on the rise and star seeing more posts like this. Just saying.
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#9
04-24-2016, 03:56 PM
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Quote:
Originally Posted by 2MoreYears View Post
Are you saying re-applying after being denied overrides any previous decisions? That doesn't make sense to me as that would rendered useless their unappealable final decisions. What makes more sense is that decisions are made per applicant and not per application. However, if an applicant truly believes he/she qualifies for DACA and was denied deferred action because an error, a request to review final decision can be made.

https://my.uscis.gov/helpcenter/arti...y-daca-request

Now, what I feel it's happening here is that OP doesn't really qualify and just took her chances. Will not be surprised if denied apps go on the rise and star seeing more posts like this. Just saying.
You are not understanding right. It says right there you cannot reopen the case anymore after a final decision. So if you're missing something important you can't just send it in after the fact. However this does not mean you cannot reapply again to create a new case. Many people here had their first application denied for the same reason as OP. Solution was to reapply with a new package. Yes you will have to pay the fees and biometrics all over again.
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#10
04-24-2016, 03:59 PM
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The decision cannot be appealed, which means that when you get denied you can't file I-290B to appeal to the Administrative Appeals Office to have them review the application.

That doesn't mean you can't refile. We had people here who were denied the first time around, refiled with different evidence, and were approved.

Being enrolled into a GED program actually counts as being "in school" for purposes of DACA. If you did submit the evidence of that and they still denied you, you should start a service request because they made a mistake.

If you did not submit that evidence the first time around, then file another I-821D, I-765, and I-765WS. Put down "Currently in school" for Education info, put down the name of the program, city, and state of it's location, and last day you were physically there, and include some proof of attendance (e.g. contract with the GED prep, letter of attendance from them, etc, I honestly have no idea what they give you there).


Quote:
Originally Posted by 2MoreYears View Post
Are you saying re-applying after being denied overrides any previous decisions? That doesn't make sense to me as that would rendered useless their unappealable final decisions. What makes more sense is that decisions are made per applicant and not per application. However, if an applicant truly believes he/she qualifies for DACA and was denied deferred action because an error, a request to review final decision can be made.
Pretty much, yeah. Unappealable means that if they deny it that application is dead, it does not make you ineligible to refile if you fucked up the filing, or you later become eligible.
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