j_r602 6 Posted April 4, 2013 On April 4, 2013, we mailed you a denial decision notice for this case I821D Consideration of Deferred Action for Childhood Arrivals. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of April 4, 2013, please call customer service at 1-800-375-5283 for further assistance. I can't stop crying.......I dont understand. :'( Share this post Link to post Share on other sites
Juan1414 21 Posted April 4, 2013 On April 4, 2013, we mailed you a denial decision notice for this case I821D Consideration of Deferred Action for Childhood Arrivals. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of April 4, 2013, please call customer service at 1-800-375-5283 for further assistance. I can't stop crying.......I dont understand. :'( Why though , do u have a criminal record or didn't send enough evidence, did u ever received and RFE 1 Mee reacted to this Share this post Link to post Share on other sites
Mee 16 Posted April 4, 2013 I'm sorry to hear this. When did you send your application? Share this post Link to post Share on other sites
engineer2mike 36 Posted April 4, 2013 Sorry to hear that :'( What happened? 1 j_r602 reacted to this Share this post Link to post Share on other sites
Santi 353 Posted April 4, 2013 There must a reason why they decided against deferring action in your particular case... You should receive the notice by next week and it will specify the reason why they made their decision... However, if you feel they made a mistake, follow the instructions given to you, or call and talk to a representative... Don't lose hope yet (if you feel they made a mistake). If you do have a criminal record, and the offense is serious, there's nothing much you can do with the Deferred Action program...I would suggest that you look for alternatives to sort out your legal situation. I wish you success, regardless of your decision...Keep your head up, everything will turn out for the best! 4 Wisedevil22, j_r602, Dariela and 1 other reacted to this Share this post Link to post Share on other sites
Luna 47 Posted April 4, 2013 I'm so sorry... I agree with Santo here, if you feel like they made a mistake once you receive the document stating why you have been denied you can give them a call... please let us know how everything goes i don't want to give you the wrong information because at this point i think all Attorneys are idiots but mine told me you can re-apply for deferred action again, assuming that you meet all the requirements and that you have a clear background :/ don't loose hope 2 Santi and j_r602 reacted to this Share this post Link to post Share on other sites
Aled 118 Posted April 4, 2013 It is tremendously unfortunate to have to see such outcome in your case. At this point of time it is best to wait for the letter which does further explain your denial. You should have a bit of a clue, if you know you applied while you had a record with police or something in that regard. Or if you know you applied and didn't fully meet the criteria to be DACA eligible. There could've been mistakes on your application that didn't add up to your evidence, or mistakes made by themselves. I feel for you truly. Wait for those letters and if you can do something about it you do it. Keep us all posted, best of luck 1 j_r602 reacted to this Share this post Link to post Share on other sites
Calidreamer 100 Posted April 4, 2013 I am so very sorry to see this, but as @Santi said, don't lose hope yet; wait for that letter to explain the reason why and what steps to follow. I really hope this was a mistake from USCIS. Here is a posting from Splif0clock regarding a case been denied. It depends. If you have massive criminal record and USCIS finds you to be a public safety treat or national security treat , they would report you to ICE once they deny your application. On the other hand, for some odd reason they deny your app - just like these 2 ppl http://tinyurl.com/bukzhta - they will just issue you a denial letter, that would explain why they denied you. In all case scenario, If you have clean record or minor misdemeanor charges and satisfy DACA requirements, you shouldn't be pulling your hair because they are taking longer than the expected wait period. Relax and keep calm, our approval would come soon. Best wishes. 1 j_r602 reacted to this Share this post Link to post Share on other sites
splif0clock 89 Posted April 4, 2013 If I am not mistaken, the letter will include all the options you have regarding to the decision. A few things to note: 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. Q2: If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings? A2: If you have submitted a request for consideration of deferred action for childhood arrivals and USCIS decides not to defer action in your case, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more detailed information on the applicable NTA policy visit www.uscis.gov/NTA. If after a review of the totality of circumstances USCIS determines to defer action in your case, USCIS will likewise exercise its discretion and will not issue you a Notice to Appear. Q8: How will ICE and USCIS handle cases involving individuals who do not satisfy the guidelines of this process but believe they may warrant an exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memoranda? A8: If USCIS determines that you do not satisfy the guidelines or otherwise determines you do not warrant an exercise of prosecutorial discretion, then it will decline to defer action in your case. If you are currently in removal proceedings, have a final order, or have a voluntary departure order, you may then request ICE consider whether to exercise prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda through any of the established channels at ICE, including through a request to the ICE Office of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda. Q11: If my case is referred to ICE for immigration enforcement purposes or if I receive an NTA, will information related to my family members and guardians also be referred to ICE for immigration enforcement purposes? A11: If your case is referred to ICE for purposes of immigration enforcement or you receive an NTA, information related to your family members or guardians that is contained in your request will not be referred to ICE for purposes of immigration enforcement against family members or guardians. However, that information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of the deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. As for reapplying, I have seen many posts saying you can submit your application again but I am not quite sure. I have read this site up and down many time and It doesn't mention it. But, For your sake I hope they would let you re-submit your application if they DON'T ISSUE YOU NTA. Best wishes. 1 j_r602 reacted to this Share this post Link to post Share on other sites
Santi 353 Posted April 4, 2013 I agree with @Cali...Luna and Aled...(Great post Splif!) Wait and see what happens... Food for thought: Hannibal was a military commander and strategist from Carthage (modern day Tunisia) who, at some point in time, was at war with the Roman Empire. He was determined to bring the empire down, therefore he mobilized his huge army (cavalry had Elephants) across the Mediterranean, Spain, and France on the way to Rome. Then, when he encountered the Alps, his generals advised him to find another way, since he would not be able to mobilize the elephants through the mountains, to which he replied: 'I shall either find a way, or make one...' He eventually did... 4 engineer2mike, Dariela, j_r602 and 1 other reacted to this Share this post Link to post Share on other sites
j_r602 6 Posted April 4, 2013 Omg, thank you guys for your words. I truly believe I meet all the requirements for the DACA program. No, I dont have a criminal history, not even a speeding ticket. I have my HS diploma and I was brought to the U.S when I was one year of age. I dont know if maybe I didnt provide enough of the evidence they needed or something along those lines. Other than that, I dont get it at all. I guess I just have to wait (once again) for that letter. *sigh :/ 1 Osha reacted to this Share this post Link to post Share on other sites
j_r602 6 Posted April 4, 2013 I'm sorry to hear this. When did you send your application? I sent my application on October 10 of 2012. Share this post Link to post Share on other sites
j_r602 6 Posted April 4, 2013 Why though , do u have a criminal record or didn't send enough evidence, did u ever received and RFE No criminal history but I did get RFE'd. It might be that huh, insufficient evidence. Grrrr Share this post Link to post Share on other sites
marco12 10 Posted April 4, 2013 No criminal history but I did get RFE'd. It might be that huh, insufficient evidence. Grrrr on the RFE what they ask u for? and what did u sent? 1 Dariela reacted to this Share this post Link to post Share on other sites
latinagirl 46 Posted April 4, 2013 I'm sorry to hear this :/ wow I can't believed !! I hope you get tovbe apply since youvand appeal I'm so sorry!! 1 star28 reacted to this Share this post Link to post Share on other sites
Juan1414 21 Posted April 4, 2013 No criminal history but I did get RFE'd. It might be that huh, insufficient evidence. Grrrr What did ur RFE say when you first got it? And what did u send Share this post Link to post Share on other sites
esteband 23 Posted April 5, 2013 Cheer up! immigration reform is around the corner. Dreamers will.be first in line. 1 engineer2mike reacted to this Share this post Link to post Share on other sites
Gino10 30 Posted April 5, 2013 Omg, thank you guys for your words. I truly believe I meet all the requirements for the DACA program. No, I dont have a criminal history, not even a speeding ticket. I have my HS diploma and I was brought to the U.S when I was one year of age. I dont know if maybe I didnt provide enough of the evidence they needed or something along those lines. Other than that, I dont get it at all. I guess I just have to wait (once again) for that letter. *sigh :/ i have a feeling it's a mistake then. It's not the first time they have made other mistakes. Wait and see what the letter says. Dont panic...keep positive!! 3 engineer2mike, Gezinha and Dariela reacted to this Share this post Link to post Share on other sites
JoseG 383 Posted April 5, 2013 It sucks that your applications were denied, but that doesn't mean all is lost. If you were denied for insufficient evidence then that means that you still qualify for DACA and you can re-apply if you can gather more evidence. 1 Dariela reacted to this Share this post Link to post Share on other sites
Wisedevil22 24 Posted April 5, 2013 Omg, thank you guys for your words. I truly believe I meet all the requirements for the DACA program. No, I dont have a criminal history, not even a speeding ticket. I have my HS diploma and I was brought to the U.S when I was one year of age. I dont know if maybe I didnt provide enough of the evidence they needed or something along those lines. Other than that, I dont get it at all. I guess I just have to wait (once again) for that letter. *sigh :/ I think you didn't provide enough evidence... that is the only reason why.... can you write us a list of the evidence you showed them? Share this post Link to post Share on other sites
sotero_gonzalez 54 Posted April 5, 2013 i guess i havent been here long enough because i dont know what an RFE is. when do you get it? how do you get it? what is it!? Share this post Link to post Share on other sites
JoseG 383 Posted April 5, 2013 i guess i havent been here long enough because i dont know what an RFE is. when do you get it? how do you get it? what is it!? An RFE is the abbreviation for a Request For Evidence. If the person looking over your case feels that you didn't submit enough evidence, for example, not enough proof of continuous residence for a certain year or time frame, or if you forgot to submit a necessary document like a photo ID, Birth Certificate etc. He will send you a Request For Evidence letter explaining what documents he wants to see or are missing from your application. Share this post Link to post Share on other sites
sotero_gonzalez 54 Posted April 5, 2013 An RFE is the abbreviation for a Request For Evidence. If the person looking over your case feels that you didn't submit enough evidence, for example, not enough proof of continuous residence for a certain year or time frame, or if you forgot to submit a necessary document like a photo ID, Birth Certificate etc. He will send you a Request For Evidence letter explaining what documents he wants to see or are missing from your application. i see. thanks for the info. my 6 months will be up on the 9th of april and they havent sent me anything like that. i just read this post about someone getting denied so im kinda freaking out. Share this post Link to post Share on other sites
Fresita22 101 Posted April 5, 2013 Im sorry to hear whats happening to you really sad omg in super worried now about my case i guess only god noes the reasons for things happening Share this post Link to post Share on other sites
Osha 126 Posted April 5, 2013 It sucks that your applications were denied, but that doesn't mean all is lost. If you were denied for insufficient evidence then that means that you still qualify for DACA and you can re-apply if you can gather more evidence. I hate to play the devils advocate but, If you are denied for DACA. You cannot appeal 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. Share this post Link to post Share on other sites