j_r602

:''( Why God??

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I hate to play the devils advocate but, If you are denied for DACA. You cannot appeal, re-apply and even file a motion to reconsider, USCIS made that very clear, but what you can do is request a review under only two circumstances or errors; First, If you believe that you were denied deferral based on an application abandonment; and second, if USCIS sent a request for evidence to a wrong address even though you've filed a change of address form, but USCIS will not review its discretionary decision.

This denial is probably the result of failing to satisfy the RFE. Its very important to take the RFE seriously and submit exactly what

they're asking for, its very rare for USCIS to deny someone after sending them an RFE, unless that individual failed to follow the RFE guidelines.

What I would suggest for J_R602 is to use the service request management tools to request a review under the first circumstance, which is a denial based on an application abandonment, which by the way could be the case. If that doesn't work then just wait for the Dream Act to pass and if it does pass, you better not make the same mistake of sending insufficient evidence. :)

a person cant appeal the case but they can re-apply for daca again

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Yeah, you can't appeal or file a motion to reconsider, which means that if the case was denied it can't be re-opened unless it was a mistake by USCIS. USCIS doesn't state anywhere that you can't submit a new application.

]Q1: Can I appeal USCIS’s determination?[/b]

A1: No. You cannot file a motion to reopen or reconsider, and cannot appeal the decision if USCIS denies your request for consideration of deferred action for childhood arrivals. USCIS will not review its discretionary determinations. 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.

If you were denied for insufficient evidence and later on you find more evidence that you forgot to send the first time, there is nothing stopping you from re-applying again. This was answered on one of the stakeholders conference calls done by USCIS that was held on November 19, 2012.

8. May DACA candidates who have applied but were previously denied re-apply by submitting a new fee and new documentation?

o Assuming the candidate can overcome the original denial with additional, new documentary evidence, then yes, they may re-apply.

http://www.lawlogix....es-nov-19-2012/

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@ Marco-12

If you do re-apply, you're pretty much asking them to reconsider their decision, which they made it clear they wont accept. Your name, your biographic and your Biometrics information is already into their system. So how would that work exactly? This is an uncharted territories, I don't know how many people have re-applied after being denied but that's an interesting issue that USCIS have to clarify.

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Yeah, you can't appeal or file a motion to reconsider, which means that if the case was denied it can't be re-opened unless it was a mistake by USCIS, but USCIS doesn't state anywhere that you can't submit a new application.

http://www.utexas.ed...s/DACA_FAQs.pdf

Q1: Can I appeal USCIS’s determination?

A1: No. You cannot file a motion to reopen or reconsider, and cannot appeal the decision if USCIS denies your request for consideration of deferred action for childhood arrivals. USCIS will not review its discretionary determinations. 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're right that they didn't state that anywhere, but the problem that I have with re-applying is how would that work? They didn't say that you CAN re-apply nor did they say that you CANNOT re-apply, but they did say that they will not reconsider your case once you've been denied. Do you see, what I mean or am I just confusing myself? Lol :D

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I edited my post.

USCIS director Alejandro Mayorkas did state in a stakeholders meeting that you can re-apply if you can overcome the denial with new evidence.

For example, those people who were being charged for bank statements and decided not to pay the bank for them and sent in their applications with insufficient evidence for the continuous residence and were denied because of it, they are able to re-apply and this time they can send the bank statements as additional evidence.

They can't re-open that denied case and send in new evidence. They would have to start over again with a new case.

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I edited my post.

USCIS director Alejandro Mayorkas did state in a stakeholders meeting that you can re-apply if you can overcome the denial with new evidence.

For example, those people who were being charged for bank statements and decided not to pay the bank for them and sent in their applications with insufficient evidence for the continuous residence and were denied because of it, they are able to re-apply and this time they can send the bank statements as additional evidence.

Alright thanks, that clarify my dilemma with this issue, somewhat.

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on the RFE what they ask u for? and what did u sent?

They asked for proof of continuous residence within the U.S for five years and proof I was present on June 15, 2012. The only thing I couldn't get on point was my presence here on June 15, 2012.

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Thanks! I hope I can re-apply because I KNOW I meet all the requirements.

One thing I did as proof that I was here, was a print out of my phone records, since I did a change of service on the 14th of June, and it appeared on the record.

Anything that can help you, will.

I also used Gym receipts, among other things.

So get the package together, submit more concrete, detailed evidence, and enjoy your approval when it comes...since it will ;)

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They asked for proof of continuous residence within the U.S for five years and proof I was present on June 15, 2012. The only thing I couldn't get on point was my presence here on June 15, 2012.

How strong was your evidence for continuous residency?

If you have an extra $465 for the application, you should file another application and try to have strong evidence for continuous residency and also for June 15, 2012. Hopefully this time your application will be handled by a different person, rather than that jackass who denied you. :(

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They asked for proof of continuous residence within the U.S for five years and proof I was present on June 15, 2012. The only thing I couldn't get on point was my presence here on June 15, 2012.

So to begin with, you didn't send the continuous presence proof? I hope I'm mistaken because that's one mayor requirement and cannot be ignored.

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Hey people! I have good news....so, as you know i got denied first time around. My case was re-opened in 'Service Motion' and today, I received notifications that both my I821D and the I765 were APPROVED!!! God truly works in mysterious ways....and patience is a virtue for sure. To everyone that's waiting or has been denied, do not lose hope! 

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Hey people! I have good news....so, as you know i got denied first time around. My case was re-opened in 'Service Motion' and today, I received notifications that both my I821D and the I765 were APPROVED!!! God truly works in mysterious ways....and patience is a virtue for sure. To everyone that's waiting or has been denied, do not lose hope! 

Glad to hear!

 

Congratulations and use this opportunity wisely!!

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OMG! I'm happy for you , Thank God  you got approved this time , now there is so much to do and enjoy, this feels like a dream , we only hope one day we can be part of this country without hiding in the shadows.

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