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Momo13

I Have A Question!

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I haven't been on here in a LONG while but the last time I was everyone was very helpful. I thought maybe you guys could give me some advice or input. I sent my renewal paperwork and they received it on Nov 10, 2014 I received the letters showing that they have everything and are reviewing my case then I received my Biometric letter so I went to do my Biometrics I don't recall the date but I believe it was on Jan 10 ish around that time. It's now March 7th 2015 and I haven't gotten any letters or updates online I've even called and reached out to their other department to try and push my paperwork up because my card is going to expire on the 17th of march and I'm going to lose my job. I got the union at my work involved and they are going to meet with an immigration lawyer to try and help but any other information would be greatly appreciated.  

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you are lucky that your union is going to battle for you.  I just moved to Texas from California and what helped my initial permit, or at least I think it did, was that I contacted Loretta Sanchez since she is in charge of the area where I used to live which was Anaheim, and she sent a letter to the service center for me and I got approved a few days later.  Im curious of where you work.  I lived in California all my life, graduated college and was not able to get a good job after I got approved.  Good for you tho.

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This letter was sent to an employer who sent a letter to uscis asking about an employee with the same situation(

Per the FAQ on the USCIS website (http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions#renewal of DACA), if the employee filed her renewal request at least 120 days prior to her expiration date, then she may be able to obtain authorization for an additional 120 days if USCIS is delayed in processing. The agency website notes that she can submit an inquiry to USCIS once her renewal request has been pending for at least 105 days. The website has the contact info, but it looks like for online inquiries she would go to https://egov.uscis.gov/e-request.

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Call and ask someone, bc mine was about to expire on April8th and I called and made a stink about it, mine went to Nebraska, and then 4 days later I got approved and now my new stuff is on its way to my house next week. They said to me that they don't grant extensions by application or anything like that, what the person on the phone told me was that "When they get to your papers and see that you are overdue, u will get an automatic extension" I tried opening a petition online for my case, but was denied bc my case was still in the time frame they have, but not, it got approved. So, call them.

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I did call and I got one guy who was a total asshole excuse the language. The first guy I spoke with was no help he legit just said they don't give extensions... SO I called back later and I lady helped she told me to go here https://egov.uscis.gov/e-request/Intro.do which I did and I typed out a whole thing explaining everything but when I clicked submit it said that my papers are still within the time allowed so I can't request anything. I called them BACK asking why it's telling me that they told me that because they pretty much have loopholes that they can use. Even though they have had my paper work for over 120 days there's nothing I can do they said that if they look at my stuff they MAY send me a 120 day extension but that my processing time is still within the time frame for where I sent my paper work. They said the only way I can request an extension is IF and when they show on the website that they have started working on a date after the date they received my paperwork so for example they got my stuff on Nov 10, 2014 if they start working on Nov 11 2014 then I can submit the request. even though this is what shows up on their website .... http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions#renewal of DACA   

III. Renewal of DACA 

Q49:  When should I file my renewal request with U.S. Citizenship and Immigration Services (USCIS)?

A49: USCIS strongly encourages you to submit your Deferred Action for Childhood Arrivals (DACA) renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request. If you have filed your renewal request at least 120 days before your deferred action expires and USCIS is delayed in processing your renewal request, USCIS may provide you with DACA and employment authorization for up to an additional 120 days.

USCIS’ current goal is to process DACA renewal requests within 120 days. However, you may submit an inquiry about the status of your renewal request after it has been pending more than 105 days. To submit an inquiry online, please visit https://egov.uscis.gov/e-request.

Please Note:  USCIS will not provide any such short-term deferred action and employment authorization when USCIS is delayed in reaching a final decision on your renewal request because, for example: 1) of factors within your control (such as failure to file the renewal request within the suggested timeframe or filing an incomplete renewal request); 2) additional time is needed to resolve issues with background or security checks in your case; and/or 3) your renewal submission contained evidence that you may not satisfy the DACA renewal guidelines and USCIS must send you a request for additional information or explanation.

I work for RiteAid corp. not the small stores but the actual corp. and now I've been fired as of today. The company is willing to wait 30 days to see if I can get my permit within those 30 days then I will be allowed to come back without penalties or changes to my job. I NEED ANY SORT OF HELP! PLEASE. My union hired an immigration lawyer to help as well. 

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It looks like no one knows how you would extend it. So, I wonder if you would know about it by doing a self e-verify. The employer could do this as well. I would do self e-verify to see what that says. Who knows, maybe it will say you are still allowed to be working in the us regardless of your case pending?

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Actually for anyone who is having this problem and living in California... there is a law that goes side by side with federal law that requires Employers to wait until the case is either approved or denied. My unions immigration lawyer looked into full detail and my work by law had to reinstate me and put me on an unpaid leave of absence until my card comes in.. and I'm thrilled to say that it has been approved and I should have my physical card by the end of this week. So everything worked out great!

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