Remember
when you filed for DACA? You were extremely
excited, anxious and ready to take the next step in your life’s journey. Then reality set in: one month passed. One month turned to two. Two months turned to three, and so on. Suddenly, you felt like the process was
taking forever.
Sometimes dealing with the U.S.
Citizenship and Immigration Service (USCIS) can be extremely frustrating. No matter what you are told by friends or
family, no path to getting immigration benefits is the same. For some the path is smooth and devoid of any
problems. For others the path can be
bumpy and frustrating. Therefore, the
following are some important tips for those of you who have already received
your DACA approval, and also, for those who are still dealing with the
maddening bureaucratic delays or denials from USCIS.
I received the dreaded Request for Additional Information (RFE), what
should I do?
First thing
you should not do is panic. RFE’s are
commonly issued in all sorts of immigration applications/petitions. You should sit back and read the request to
figure out what exactly the government is asking for. If you have previously engaged an attorney,
you should speak with the attorney’s office to make sure that they are aware of
the RFE and that they received a copy.
Note the deadline (due date) on the RFE and put it on your personal
calendar.
Read the
RFE carefully. Address any of the
concerns raised in the RFE by gathering up any additional evidence that the
USCIS is looking for. Think outside the
box when you are trying to address any of the concerns raised in the RFE. Get any credible corroborating evidence that
will supplement what you may have already submitted to USCIS. If you have been working with an attorney,
you should meet with the attorney and review the request. Make sure to respond in a timely manner so
you don’t delay the processing further.
I was denied, what should I do?
Again, do not
panic. I know this is easier said than
done, but you need to first review the denial carefully. If you have an attorney, spend time reviewing
it with the him or her. You cannot file
a motion to reopen or reconsider a denial, nor can you appeal it. USCIS has
made it clear that it will not review its discretionary determinations. USCIS states
on its website:
You
may request a review using the Service Request Management
Tool
(SRMT) process if you met all of the process guidelines and
you
believe that your request was denied due to one of the following errors:
·
USCIS denied
the request for consideration of deferred action for childhood arrivals based
on abandonment and you claim that you did respond to a Request for Evidence
within the prescribed time; or
·
USCIS
mailed the Request for Evidence to the wrong address, even though you had
submitted a Form AR-11, Change of Address, or changed your address online at
www.uscis.gov before the issuance of the Request for Evidence.
You can re-file if you are denied
and feel that it was incorrect or that you have additional evidence to provide
to the government that may not have been available for the first
application. A new filing will need new
forms and fees, along with all the documentation again.
Remember that DACA is a temporary
program. It is not the DREAM
Act. Not getting approved for DACA does
not mean that you would be precluded from qualifying for the DREAM Act or any
other future immigration legislation.
Therefore, do not lose hope. Stay
optimistic that we will get comprehensive immigration reform this year and you
will not need to be completely dependent upon DACA.
I was approved! Now what?
Once you
receive your employment authorization document (EAD), make sure to review the
card to make certain that all the information is correct. If there is incorrect information on the card
due to USCIS error you should apply for a replacement without a fee via form
I-765. Make a copy of the card (front
and back side) for your own records.
Make note of the expiration of the card and calendar a reminder that you
will need to file for a renewal, assuming there is no intervening legislation
that will make renewing DACA moot.
Once
you receive a SSN, you must use that number for tax purposes
and
discontinue using your ITIN. It is improper to use both the ITIN
and the SSN assigned to the same
person to file tax returns. It is your
responsibility to notify the IRS so we can combine all of your tax
records under one identification
number. If you do not notify the IRS
when
you are assigned a SSN, you may not receive credit for all wages
paid
and taxes withheld which could reduce the amount of any refund
due. You can visit a local IRS office or write a
letter explaining that
you
have now been assigned a SSN and want your tax records combined.
Include
your complete name, mailing address, and ITIN along with a copy
of
your social security card and a copy of the CP 565, Notice of ITIN Assignment,
if available. The IRS will void the ITIN
and associate all
prior
tax information filed under the ITIN with the SSN. Send your letter to:
Internal Revenue Service
Austin, TX 73301-0057
Apply for a
driver’s license. Depending on your
state’s law you should go to the nearest Department of Motor Vehicles (DMV) and
apply for a driver’s license. For most
states the EAD plus Social Security card should be sufficient documentation for
a driver’s license. If you live in
either Arizona or Nebraska, these states do not currently issue driver’s
licenses to DACA grantees. There is a
class-action lawsuit pending in Arizona against Governor Jan Brewer’s
unconstitutional executive order denying DACA recipients driver’s
licenses.
Should I apply for advance parole (travel
permission for exiting and re-entering the United States)?
Not
automatically. If USCIS has decided to defer action in your case
and
you want to travel outside the United States, you must apply for
advance
parole by filing a Form I-131,
Application for Travel Document
and
paying the applicable fee ($360). USCIS will determine whether your
purpose
for international travel is justifiable based on the circumstances
you
describe in your request. Generally, USCIS will only grant advance
parole
if your travel abroad will be in furtherance of:
·
humanitarian
purposes, including travel to obtain medical treatment, attending funeral
services for a family member, or visiting an ailing relative;
·
educational
purposes, such as semester-abroad programs and academic research, or;
·
employment
purposes such as overseas assignments, interviews, conferences or, training, or
meetings with clients overseas.
Travel
for vacation is not a valid basis for advance parole.
You
may not apply for advance parole unless and until USCIS defers
action
in your case pursuant to the consideration of the deferred action for childhood
arrivals process. You cannot apply for advance parole at the same
time
as you submit your request for consideration of deferred action for
childhood
arrivals. All advance parole requests will be considered on a
case-by-case
basis.
If
USCIS has deferred action in your case under the deferred action for
childhood
arrivals process after you have been ordered deported or removed,
you
may still request advance parole if you meet the guidelines for advance
parole
described above. However, once you have received advance parole,
and
before you actually leave the United States, you should seek to reopen
your
case before the Executive Office for Immigration Review (EOIR)
and
obtain administrative closure or termination of your removal proceeding.
If you do
plan on applying for advance parole, it is highly recommended to speak to legal
counsel because there are serious inadmissibility bars that you could subject
yourself to if you exit the United States.
Where do we go from here?
This is an
exciting and nerve-wracking time no matter whether you have been approved for
DACA, still awaiting a decision or are dealing with a denial. You need to keep apprised of any changes in
agency policy or the law. You should
speak to your congressional representatives about the need for immigration
reform and how it would benefit yourself and your family members or
friends. DACA is only a temporary fix
and does not help everyone. Therefore,
do not stop advocating for CIR. Stay
optimistic and remain vocal!