Daca Denied

[ClaudiaA 0]

I got rfe stating that I needed to establishthat I was unlawful immigration status.. I sent a copy of my G4 visa which expired in may 2008. I got a notice that they receive my rfe back. I got a letter 30 days later staring that I was denied DAca because I failed to prove I was an unlawful immigrat. I don't know what to do now . I am going crazy

[JoseG 383]

Not sure what to say.

I would send an e-mail to the Service Center that processed your case and give them your name, receipt number, alien number and the Received date shown on your Receipt letters. Explain to them that you received an RFE and that you replied to it with the evidence that you did, then tell them that you don't understand why you were denied.

[star28 0]

I got denied aswell for lack of evidence ..but I actually sent in the evidence they needed before the 30 days deadline date for a review ..now my case status says that they recieve the evidence and they will give me a decision in 60 days ....now im just waiting ...but i suggest u speak to a lawyer first or immigration officer for more information

[cheated 20]

yea like @star28 said.. at this point i'd seek out a lawyer or go meet an immigration officer

[ggjc 3]

I got a text and email update about my case. I went online to check out my case status and it said denied. Before I got denied I got an RFE. My attorney called me and told me everything I needed to prove so I did that. Took me a month to gather all the information I needed.  I didn't have proof of when the DACA went into effect. June 15, 2012. I had typed out an affidavit and had my neighbors sign it. What happens next for those who get denied? Can we reopen or reapply? But that doesn't make sense to me because if you reapply and pay the fee it would just be the same thing again. Do we get our packets and money back for being denied? 

[JoseG 383]

I got a text and email update about my case. I went online to check out my case status and it said denied. Before I got denied I got an RFE. My attorney called me and told me everything I needed to prove so I did that. Took me a month to gather all the information I needed.  I didn't have proof of when the DACA went into effect. June 15, 2012. I had typed out an affidavit and had my neighbors sign it. What happens next for those who get denied? Can we reopen or reapply? But that doesn't make sense to me because if you reapply and pay the fee it would just be the same thing again. Do we get our packets and money back for being denied? 

 

 

What did the RFE ask for?  USCIS does not accept affidavits as proof of being here on June 15, 2012.

 

If you are denied, you can't re-open or appeal the decision unless the denial was caused by an error from USCIS. You could re-apply if you have NEW evidence to show. You don't get your documents or money back when you're denied.

[ggjc 3]

They wanted picture I.D, proof of 2007-2010 and 2012.

I sent in transcripts for 2008, medical records for 2009-2010

dental records 2008-2009 

I don't have nothing for 2011 and 2012.

since I have no proof of 2012 when DACA started, I asked my attorney and he said an affidavit would work.

He even typed it out and email it to me and i had my neighbors who I see everyday sign it.

When he got the package he said it was good enough. 

I sent it information that showed i was in the states of November 2012 as well. 

I do not have a criminal background.

[ggjc 3]

I've heard of people writing affidavits but I don't know, like you said if uscis accepts that for proof of june 15, 2012.

How can I re-apply if I sent in all my documents and evidence to uscis that is everything I had. I do not have anything else.

It's impossible to apply again, with what kind of proof now?

If they send it back I can do it again and pay the fee but I have nothing else on me but what I sent.

I suppose I can get those documents back but it will take time and calling and mailing out, but at the end it would be the same results.

until i get the notice of why I got denied, I'm pretty confused.

[JoseG 383]

That's why I said that you can reapply if you find new evidence. You will have to wait until you receive the denial letter to see what you were denied for and then to see if you are able to find new documents to cover that.

[Rawf 336]

You have to prove you were unlawful in 2007, 2008 does not qualify you for DACA.

[ggjc 3]

Can you explain a bit more? I'm confused right now about being unlawful in 2007, 2008...I was being unlawful for having proof that DACA asked for? I illegally broke the law, how and what law?

[cheated 20]

i think he has to prove he's been here since june 2007..

 

what i did for example was show utility bills and rent receipts with my name and address on it for each year since 2007.. 

 

i really don't know about the affidavit thing.. it's not listed on http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

 

the trend with those documents is that those are official documents.. is there anything else on that list you could provide? even like bank receipts?

 

 

 

actually i take it back.. i just found this on that same page:

 

 

Q1: May I file affidavits as proof that I meet the guidelines for consideration of deferred action for childhood arrivals?

A1: Affidavits generally will not be sufficient on their own to demonstrate that you meet the guidelines for USCIS to consider you for deferred action for childhood arrivals. 
However, affidavits may be used to support meeting the following guidelines only if the documentary evidence available to you is insufficient or lacking:

• A gap in the documentation demonstrating that you meet the five year continuous residence requirement; and
• A shortcoming in documentation with respect to the brief, casual and innocent departures during the five years of required continuous presence.

If you submit affidavits related to the above criteria, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances. Should USCIS determine that the affidavits are insufficient to overcome the unavailability or the lack of documentary evidence with respect to either of these guidelines, it will issue a Request for Evidence, indicating that further evidence must be submitted to demonstrate that you meet these guidelines.
 
USCIS will not accept affidavits as proof of satisfying the following guidelines:

• You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development certificate, or are an honorably discharged veteran from the Coast Guard or Armed Forces of the United States;
• You were physically present in the United States on June 15, 2012;
• You came to the United States before reaching your 16th birthday;
• You were under the age of 31 on June 15, 2012; and
• Your criminal history, if applicable.

If the only evidence you submit to demonstrate you meet any of the above guidelines is an affidavit, USCIS will issue a Request for Evidence, indicating that you have not demonstrated that you meet these guidelines and that you must do so in order to demonstrate that you meet that guideline.

[ggjc 3]

I have medical and dental and transcripts for 07,08,09,10 and typed out an affidavit for june 15 2012. I do not have bills or bank statements. I don/t understand how people can have back accounts without a ssn. I do not have my notice of denial mailed to me yet. I graduated in 05 never left the country because if I did how would I leave and get back in...I have no legal documents.

[Theresa 63]

Claudia,

I would do what Jose is suggesting because you fill the requirement of

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;