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Can Denials of an Application for Deferred Action be Appealed?

U.S. Citizenship & Immigration Services (USCIS) began accepting applications on August 15, 2012 under the Deferred Action for Childhood Arrivals (DACA) program, by which individuals who were brought to the United States at a young age and who meet certain other criteria can receive assurances from the government that they will not be deported for at least two years and can also get a work permit. This article gives a brief overview of DACA before addressing a question many immigration lawyers have been getting from potential applicants for deferred action - can a person whose application for deferred action was denied by USCIS make an appeal of that DACA denial? To learn more about DACA or for help applying for deferred action, please contact a Heartland Immigration lawyer today: 1-855-USA-IMMIGRATE


What is the Deferred Action for Childhood Arrivals Program?

Persons who are already in deportation proceedings can have their cases dropped if they qualify for the deferred action offered through DACA. Persons whom the government is not trying to deport and who are not in lawful immigration status (we reject the term "illegal immigrants") can also apply proactively to USCIS for deferred action under the Deferred Action for Childhood Arrivals program for the purpose of getting the peace of mind that comes with knowing the government will not try to deport them anytime soon. A key benefit of being granted deferred action by way of DACA is that it comes with a work permit - recipients of deferred action under DACA can work legally in the United States under their immigration work permit. The DACA deferred action program covers a person for two years, but can be extended indefinitely if a person applies again and still meets the conditions for deferred action set forth as part of the USCIS Deferred Action for Childhood Arrivals program. DACA achieves some, but certainly not all, of the goals of the so-called DREAM Act. The application one submits to USCIS to get deferred action is called Form I-821D, Consideration of Deferred Action for Childhood Arrivals. To learn more about who qualifies for a grant of deferred action, please click here, or call a Heartland Immigration attorney at:1-855-USA-IMMIGRATE

Can I Appeal the Denial by USCIS of My Deferred Action Application?

Denials of a DACA application cannot be appealed. An immigration appeal is available for most decisions by USCIS or by an immigration judge, but DACA is not among them. A decision made on a deferred action application involves what USCIS calls a "discretionary determination," and cannot be appealed by the person who submitted the DACA application. A person whose deferred action application was denied may, however, ask for a "review" of their DACA application if: (i) the denial was based on "abandonment," which means USCIS sent the person a request for evidence (RFE) and did not hear back from the person within the prescribed timeline, but the individual believes they did in fact respond to that RFE in time; or (ii) USCIS mailed the RFE to the wrong address, through no fault of the individual whose application for deferred action was denied. USCIS has said that it is instituting a "supervisory review process" for handling DACA applications.

A Heartland Immigration attorney can answer your questions about DACA and help you with the deferred action application - give us a call today: 1-855-USA-IMMIGRATE

About the Author

By Brad Menzer - Brad blogs regularly for Heartland Immigration. You can contact him at: info@heartlandimmigration.com