Expanded DACA – Deferred Action for Childhood Arrivals (Widening the Reach)

November 26, 2014

On November 20, 2014, the President of the United States announced that several key eligibility requirements under Deferred Action for Childhood Arrivals (DACA) would be revised to encompass a larger amount of qualified DREAMERS. Additionally, this expansion of the DACA program will be for a period of three years, not two years. DACA remains subject to renewal. As a result of the deferred action, the applicant may be eligible for work authorization.

As the USCIS has done in the past, determinations will be made on a case-by-case basis. Individuals must prove through documentation that they meet the guidelines for deferred action. Anyone who is granted deferred action is not a lawful US citizen, nor a Lawful Permanent Resident. No permanent legal status is provided through DACA. DACA is only a temporary grant of relief from deportation.

You may request consideration of Deferred Action for Childhood Arrivals if you*:

1. Were under the age of 31 as of June 15, 2012 REMOVED THE AGE CAP
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, January 1, 2010, up to the present time;
4. Were physically present in the United States on November 20, 2014, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before November 20, 2014, or your lawful immigration status expired as of November 20, 2014;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

PLEASE NOTE – These expanded eligibility requirements HAVE NOT YET been implemented. The President’s Address was just an announcement of what is expected to happen within the next few months.

PLEASE BE AWARE OF ANYONE WHO IS OFFERING TO HELP YOU AT THIS TIME. DO NOT BECOME A VICTIM. IF YOU DO NOT QUALIFY BASED UPON THE EXISTING ELIGIBILITY REQUIREMENTS FOR DACA, WAIT!

*USCIS should begin accepting applications under the new criteria from applicants no later than ninety (90) days from the date of the announcement made by President Obama (11/20/2014). In short, we expect the USCIS to begin accepting applicants on or before February 17, 2015.

In order to request consideration of deferred action for child hood arrivals – qualified youth must mail their forms and supporting documentation to the United States Citizenship and Immigration Services (USCIS).

It is advisable to present the following supporting evidence:

• Birth Certificate (with translation) and/or Passport
• Employment records, Medical records, Financial Records, and/or Military Records that show that you came to the U.S before the age of 16, and have resided in the U.S. since January 1, 2010 to the present, and were physically present in the U.S. as of June 15, 2012 (Additional evidence will be considered on a case-by-case basis: social media, phone records, bills/receipts, etc.)
• School records – Diplomas, GED certificates, report cards, school transcripts and other evidence of enrollment

While the Deferred Action eligibility criteria may seem to be straight forward, it is very important to understand that immigration law is complicated. As with any application seeking immigration benefits, an application for Deferred Action could lead to potential consequences for the foreign national. Applicants should always consider seeking the advice of a licensed immigration attorney before submitting an application for DACA.

If you are interested in applying for DACA status, contact us online or call us at (240) 390-0600


Source of Information:

DHS.gov, 11/20/14, Memorandum:
Executive Action: Expand Deferred Action for Childhood Arrivals (DACA) Program

National Immigration Law Center, 11/21/14, FAQs:
FAQs - The Obama Administration’s Deferred Action for Parental Accountability & Expanded Deferred Action for Childhood Arrivals Programs

The President’s Immigration Accountability Executive Actions

November 21, 2014

On Thursday, November 20, 2014, President Barack Obama announced his Temporary Plans to fix our broken immigration system.

The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable and ensure that everyone plays by the same rules.

As an Immigration Attorney, I see the results of our broken system every day and in the absence of Congressional action, the President had to act. While a lot of the details are still waiting to be filled in, we know that many of these changes will make a real impact. We are aware that these initiatives are not going to help everyone, as not everyone will be eligible. Therefore, we need to continue to pressure Congress into finishing the job by passing a bipartisan Comprehensive Immigration Reform Bill.

The initiatives as announced by the President include:

• Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years

• Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks

• Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens

• Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs

• Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee

PLEASE NOTE - At this time NOTHING mentioned yesterday evening has been implemented. The President’s Address yesterday evening was just an announcement of what is expected to happen within the next few months. The various governmental agencies involved (DHS/DOS/CBP/USCIS/ICE/EOIR) are still working out the details.

PLEASE BE AWARE OF ANYONE WHO IS OFFERING TO HELP YOU AT THIS TIME. DO NOT BECOME A VICTIM. SPEAK WITH AN IMMIGRATION ATTORNEY!

*An Attorney has to have a license from a State Bar Association
*If you Suspect Fraud, REPORT IT

----

WHAT YOU CAN DO AT THIS TIME:

Speak with an Immigration Attorney to determine whether you are eligible for temporary relief

Start collecting the documents listed below now because you may need to
provide proof of:

Identity
Birth certificate and a photo identification (ID). Passport, school or military ID, identification document from your country of origin like a Matricula Consular, or any U.S. document with your name and photo, like a Driver’s License or ID.

Entry to the United States Before a Particular Date
Immigration record or documents with your date of entry, passport with admission stamp (Form I-94/I-95/I-94W), or travel records.
• You can also use medical records (including immunization record) or school records.

Presence and Residence in the United States From a Particular Date
Proof of presence with dates and addresses using immigration documents, government records, medical records, military records, employment records, religious or community organizations records, insurance policies, tax records, etc.
• Bank receipts, financial records, credit card receipts, money order receipts, rental agreements, deeds, mortgages, utility bills, club memberships, etc.

Tax Filings
If you do not have copies of your past filings, call the Internal Revenue Service (IRS) at 1-800-908-9946 to order a transcript for free.
• If you have not filed your taxes, ask for an Individual Taxpayer Identification Number (ITIN) by calling 1-800-829-1040 and file them.

Employment History & Residence History
Record dates, names, and addresses of the places where you have worked.
• Record dates and address of the places where you have lived.

Criminal Records
For Maryland- Maryland Judiciary Case Search
For Virginia- General District Court Online
For the District of Columbia-Court Case Search

Application Fee and Fines
Start saving money for the application fee and for any fines.
• Also save money in case you need it for an attorney.

Record Keeping
• Record all of this information in a notebook, keep the original documents, and store them in a safe place.

Selective Service
MALES ONLY. Some non-citizens are required to register. Others are not. Non-citizens who are not required to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families. Almost all other male non-citizens are required to register, including undocumented immigrants, legal permanent residents, and refugees. The general rule is that if a male non-citizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service.
Visit the SSS website , print, complete, sign and mail to:
Selective Service System
P.O. Box 94739
Palatine, IL 60094-4739

Stay tuned to our Immigration blog, Facebook page, and Twitter feeds for more information as it becomes available!

DACA – Updated Frequently Asked Questions

October 29, 2014

On October 17, 2014 the USCIS updated their Deferred Action for Childhood Arrivals (DACA) frequently asked questions (FAQs). Reviewing these frequently asked questions is a great way to get a better understanding of the DACA process.

These FAQs cover:
- What is Deferred Action for Childhood Arrivals?
- DACA Process
- Background Checks
- After USCIS Makes a Decision
- Initial Requests for DACA
- Travel
- Criminal Convictions
- Miscellaneous

Earlier this month, USCIS also posted a new video on DACA entitled, “Consideration of Deferred Action for Childhood Arrivals - How to Apply or Renew DACA”.

DACA is a memorandum signed by President Obama directing U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) to practice prosecutorial discretion towards some individuals who immigrated to the United States as children and are currently in this country illegally. They are also eligible for work authorization, but deferred action is not a lawful status nor does it lead to a lawful permanent status. The eligibility requirements for who can apply for DACA are very specific and can be reviewed on the USCIS website at: Consideration of Deferred Action for Childhood Arrivals (DACA).


Source of Information:

USCIS.gov, 10/17/14, FAQs:
DACA – FAQs updated 10/17/14

USCIS.gov, 10/17/14, Video:
Consideration of Deferred Action for Childhood Arrivals - How to Apply or Renew DACA

Related Links:

USCIS.gov, 7/21/14, Web Page:
Renew Your DACA

USCIS.gov, 8/15/14, Web Page:
Consideration of Deferred Action for Childhood Arrivals (DACA)

Characteristics of Individuals Requesting and Approved for DACA

August 22, 2014

This is a unique statistical report, filled with (8) tables detailing the personal characteristics about Deferred Action for Childhood Arrivals (DACA) applicants and recipients. The U.S. Citizenship and Immigration Services (USCIS) have put together this characteristics data in a way that still protects their individual privacy.

The data is limited to the following characteristics:
• Age groups (broad ranges);
• Sex;
• Country of birth;
• Marital status categories (broad); and
• Geographic location at the time of filing (Statistical Areas).

The DACA program started on August 15, 2012. The data used for this report covers a 13 and half month period: August 15, 2012 to September 30, 2013.

Please view the (.PDF) USCIS Report, “Characteristics of Individuals Requesting and Approved for Deferred Action for Childhood Arrivals (DACA)” for more details.

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information:
USCIS.gov, Statistical Report (.PDF):
Characteristics of Individuals Requesting and Approved for Deferred Action for Childhood Arrivals (DACA)


Extra - List of tables presented (August, 2012 to September, 2013):
- Table 1. DACA Requests Accepted and Approved by Requestor Age Group and Sex
- Table 2. DACA Requests Accepted and Approved by Requestor Age Group and Marital Status
- Table 3. Number and Percent of DACA Requests Accepted by Requestor Country of Birth, Age Group, and Sex
- Table 4. Number and Percent of DACA Requests Accepted by Requestor State, Age Group, Sex, and Country of Birth
- Table 5. Number and Percent of DACA Requests Accepted by Requestor Metropolitan or Micropolitan Statistical Area1, Age Group, Sex, and Country of Birth
- Table 6. Number and Percent of DACA Requests Accepted between August, 2012 to September, 2013 by Approval Status, Requestor Country of Birth, Age Group, and Sex
- Table 7. Number and Percent of DACA Requests Accepted between August, 2012 to September, 2013 by Approval Status, Requestor State, Age Group, Sex, and Country of Birth
- Table 8. Number and Percent of DACA Requests Accepted between August, 2012 to September, 2013 by Approval Status, Requestor Metropolitanor Micropolitan Statistical Area1, Age Group, Sex, and Country of Birth

DACA Statistics – DACA Quarterly Report FY2014-Q3

August 21, 2014

The USCIS statistics on DACA Initial cases for the third quarter of FY2014, from 4/1/14 to 6/30/14 show a total of 32,558 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 27,642 requests approved, and 3,685 requests have been denied.

The USCIS statistics on DACA Renewal cases for the third quarter of FY2014, from 4/1/14 to 6/30/14 show a total of 10,068 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 87 requests approved, and 2 requests have been denied.

This DACA Report includes data for FY2012, FY2013 and FY2014 (YTD). The USCIS statistics on DACA cases from 8/12/12 to 6/30/14 show a cumulative total of 685,544 DACA requests accepted for processing, 667,296 biometric services appointments scheduled, 580,946 requests approved, and 23,883 requests have been denied.

The cumulative data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 526,816 received to date and 449,921 approved. California was the top state of residence with 196,131 received to date and 169,875 approved.

Please view the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 3nd Qtr)” for more details.

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information:

USCIS.gov, 8/19/14, DACA data:
Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 3nd Qtr)
Data as of 6/30/14
Published 8/19/14

USCIS Stakeholder Teleconference – DACA Renewal Process – 8/21/14

August 20, 2014

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Thursday, August 21, 2014 between 2:30 to 4pm (EST). The subject of the event will be to discuss the Deferred Action for Childhood Arrivals (DACA) renewal process and will include a Q&A session. When their initial two-year grant of DACA expires, they may request a renewal using the revised USCIS Form I-821D. For more information on this teleconference please review the Meeting Invitation.

Event Information:
DATE: Thursday, August 21, 2014
TIME: 2:30 – 4:00 pm (EST)

To Join the Session by Phone:
Toll-Free Call-in Number: 1-800-369-1949
Passcode: DACA
Note: Call in 10 to15 minutes before the start time


Source of Information:

USCIS.gov, 8/14/14, National Engagement:

- Deferred Action for Childhood Arrivals (DACA) Renewal Process

- Meeting Invitation

Related Links:

USCIS.gov, 7/21/14, Web Page:
Renew Your DACA

USCIS.gov, 8/15/14, Web Page:
Consideration of Deferred Action for Childhood Arrivals (DACA)


DACA is a memorandum signed by President Obama directing U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) to practice prosecutorial discretion towards some individuals who immigrated to the United States as children and are currently in this country illegally. They are also eligible for work authorization, but deferred action is not a lawful status nor does it lead to a lawful permanent status. The eligibility requirements for who can apply for DACA are very specific and can be reviewed on the USCIS website at: Consideration of Deferred Action for Childhood Arrivals (DACA).

A Korean Language Conversation with USCIS on DACA

August 8, 2014

The United States Citizenship and Immigration Services (USCIS) will be a holding a free Korean language community event in Queens, NY and via Teleconference on Wednesday, August 27, 2014 between 7:30 to 9:00pm (EST). The subject of the event will be on Deferred Action for Childhood Arrivals (DACA) and will include updates and a Q&A. You may submit questions on DACA in advance using Twitter @USCIS or during the event using the email address OPE-Live@uscis.dhs.gov. For more information on this subject please review the links below to the meeting invitations, in both English and Korean.

Event Information:
DATE: Wednesday, August 27, 2014
TIME: 7:30 – 9:00 pm (EST)

In-Person: USCIS Queens Office, 27-35 Jackson Avenue, Queens, New York 11101

Via Teleconference: (800) 779-5793 (Password: DACA)


Source of Information:

Meeting Invitation - English

Meeting Invitation - Korean

DACA is a memorandum signed by President Obama directing U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) to practice prosecutorial discretion towards some individuals who immigrated to the United States as children and are currently in this country illegally. They are also eligible for work authorization, but deferred action is not a lawful status nor does it lead to a lawful permanent status. The eligibility requirements for who can apply for DACA are very specific and can be reviewed on the USCIS website at: Consideration of Deferred Action for Childhood Arrivals (DACA).

Pocket DACA – Free app to help undocumented immigrants understand the DACA process - iPhone and Android

June 13, 2014

The Immigration Advocates Network (IAN), the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) launched a new mobile app for your smartphone called, “Pocket DACA.” This app is designed to help undocumented immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process.

“Pocket DACA” includes:

  • DACA Screening - An online interview to see if you qualify for DACA; takes less than 5 minutes!
  • Legal Help - Helps you to find local DACA legal help; including organizations, law firms and individual lawyers!
  • DACA News - Lists news articles related to DACA and undocumented immigrants!
  • DACA Poll - Presents selected DACA related questions for you to vote on and then see the final poll results! The questions are chosen by the “Own the Dream” campaign.
  • Resources - Lists DACA related resources from general information to helping find financial aid.
  • FAQs - Lists answers to frequently asked questions about DACA!

This app is available for both iPhone and Android smartphones and tablets! “Pocket DACA” is free of charge and is part of the “Own the Dream” campaign! Download it at www.weownthedream.org/pocketdaca!

Source of Information:

Related Information:

AILA, 8/14/13, YouTube Video - Pocket DACA: A How-To Guide

DACA Statistics – DACA Quarterly Report FY2014-Q2

May 22, 2014

The USCIS statistics on DACA cases for the second quarter of FY2014, from 1/1/14 to 3/31/14 show a total of 31,563 DACA requests accepted for processing, 28,876 biometric services appointments scheduled, 31,490 requests approved, and 4,452 requests have been denied.

This DACA Report includes data for FY2012, FY2013 and FY2014 (YTD). The USCIS statistics on DACA cases from 8/12/12 to 3/31/14 show a cumulative total of 642,685 DACA requests accepted for processing, 627,961 biometric services appointments scheduled, 553,197 requests approved, and 20,311 requests have been denied.
The cumulative data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 493,669 received to date and 427,653 approved. California was the top state of residence with 183,497 received to date and 162,007 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 2nd Qtr)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information:

USCIS.gov, 5/15/14, DACA data:
Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 2nd Qtr)
Data as of March 31, 2014
Published May 15, 2014

DACA Statistics – DACA Quarterly Report FY2014-Q1

April 1, 2014

The USCIS statistics on DACA cases for the first quarter of FY2014, from 10/1/13 to 12/31/13 show a total of 30,673 DACA requests accepted for processing, 28,679 biometric services appointments scheduled, 47,655 requests approved, and 4,777 requests have been denied.

This DACA Report includes data for FY2012, FY2013 and FY2014 (YTD). The USCIS statistics on DACA cases from 8/12/12 to 12/31/13 show a cumulative total of 610,694 DACA requests accepted for processing, 597,747 biometric services appointments scheduled, 521,815 requests approved, and 15,968 requests have been denied.

The cumulative data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 467,982 received to date and 403,302 approved. California was the top state of residence with 174,241 received to date and 153,571 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 1st Qtr)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information:

USCIS.gov, 2/6/14, DACA data:
Deferred Action for Childhood Arrivals Process (Through Fiscal Year 2014, 1st Qtr)
Data as of December 31, 2013
Published February 6, 2014

Updated Service Center Processing Times

November 20, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/18/13 with processing dates as of 9/30/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

Updated Service Center Processing Times

October 22, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 10/16/13 with processing dates as of 8/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

What Happens If the Government Shuts Down? – Updated 9/30/13

September 30, 2013

The American Immigration Lawyers Association (AILA) has requested information from the federal government agencies involved in the immigration system for updates on their contingency plans in case of a government shutdown. A possible government shutdown could happen as early as October 1, 2013, the beginning of the new fiscal year 2014 (FY2014). AILA has reported that they have not received any updated information at this time. They suggested reviewing the shutdown plans for the last threatened federal government shutdown, which was in 2011.

Below is an excerpt from MVP Law Group’s original blog post on the subject dated (4/8/11).

~---------------~

In general, if the government shuts down for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?

USCIS (United States Citizenship and Immigration Services): A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. AILA will update this information as they get more information.

DOS (Department of State): If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."

CBP (Customs and Border Patrol): Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.

EOIR (Executive Office for Immigration Review): EOIR has indicated that personnel who are not considered "essential" will be furloughed, but that the detained docket would likely continue in operation. (Updated as of 9/30/2013)

DOL (Department of Labor): In the event of a government shutdown, the Office of Foreign Labor Certification (OFLC) will neither accept nor process any applications or related materials it receives. (Updated as of 9/30/2013)

Other agencies will be added, and the above updated, as AILA obtains more information.


Source of Information:

- AILA InfoNet Doc. No. 11040730 (posted 4/7/11)
- AILA InfoNet Doc. No. 11040730 (posted 9/ 25/13)

DACA Report released by the Center for American Progress

September 26, 2013

On Friday, September 20, 2013, the Center for American Progress released a report on Deferred Action for Childhood Arrivals (DACA). The report entitled “Undocumented No More” is a nationwide analysis of DACA’s implementation over the last year. The (51) page report has many great sections, from summarizing DACA to how the different regions of the country have implemented it and how that has caused differences. The report has a section entitled;” The gendered dimensions of DACA” which examines how DACA is being implemented across gender lines, which is not something that we have seen discussed before and is very interesting. We encourage you to read the report.


The Center for American Progress describes itself is an independent nonpartisan educational institute dedicated to improving the lives of Americans through progressive ideas and action. The Center which is headquartered in Washington, D.C. is a Public Policy Think Tank!


Source of Information:

- AILA InfoNet Doc. No. 13092340 (posted 9/23/13)

- Center for American Progress, (9/20/13), Report:
Undocumented No More: A Nationwide Analysis of Deferred Action for Childhood Arrivals, or DACA


Related Links:

Website: Center For American Progress

USCIS.gov, Web Page: Consideration of Deferred Action for Childhood Arrivals Process

Updated Service Center Processing Times

September 19, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 9/17/13 with processing dates as of 7/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

DACA Statistics - USCIS Update through 8/31/13

September 17, 2013

These USCIS statistics on DACA cases from 8/15/12 to 8/31/13 show a total of 567,563 DACA requests accepted for processing, 555,958 biometric services appointments scheduled, 455,455 requests approved, and 9,578 requests have been denied.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 433,318 received to date and 350,056 approved. California was the top state of residence with 161,624 received to date and 134,857 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (August, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 9/13/13)”

Pocket DACA – Free smartphone app to help undocumented immigrants understand the DACA process

August 29, 2013

The Immigration Advocates Network (IAN), the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) launched a new mobile app for your smartphone called, “Pocket DACA.” This app is designed to help undocumented immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process.

“Pocket DACA” includes:

  • DACA Screening - An online interview to see if you qualify for DACA; takes less than 5 minutes!
  • Legal Help - Helps you to find local DACA legal help; including organizations, law firms and individual lawyers!
  • DACA News - Lists news articles related to DACA and undocumented immigrants!
  • DACA Poll - Presents selected DACA related questions for you to vote on and then see the final poll results! The questions are chosen by the “Own the Dream” campaign.
  • Resources - Lists DACA related resources from general information to helping find financial aid.
  • FAQs - Lists answers to frequently asked questions about DACA!

This app is available for both iPhone and Android smartphones and tablets! “Pocket DACA” is free of charge and is part of the “Own the Dream” campaign! Download it at www.weownthedream.org/pocketdaca!

Source of Information:

Related Information:

AILA, 8/14/13, YouTube Video - Pocket DACA: A How-To Guide

Updated Service Center Processing Times

August 27, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 8/20/13 with processing dates as of 6/30/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

DACA Statistics - USCIS Update through 7/31/13

August 22, 2013

These USCIS statistics on DACA cases from 8/15/12 to 7/31/13 show a total of 552,918 DACA requests accepted for processing, 540,821 biometric services appointments scheduled, and 430,236 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 421,649 received to date and 329,833 approved. California was the top state of residence with 157,182 received to date and 127,207 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (August, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 8/15/13)”

Updated Service Center Processing Times

August 9, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 8/2/13 with processing dates as of 5/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

DACA Statistics - USCIS Update through 6/30/13

July 22, 2013

These USCIS statistics on DACA cases from 8/15/12 to 6/30/13 show a total of 537,662 DACA requests accepted for processing, 524,153 biometric services appointments scheduled, and 400,562 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 408,759 received to date and 310,815 approved. California was the top state of residence with 152,855 received to date and 120,266 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (July, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 7/12/13)”

DACA Statistics - USCIS Update through 5/31/13

June 25, 2013

These USCIS statistics on DACA cases from 8/15/12 to 5/31/13 show a total of 520,157 DACA requests accepted for processing, 507,301 biometric services appointments scheduled, and 365,237 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 394,133 received to date and 278,044 approved. California was the top state of residence with 147,786 received to date and 106,414 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (June, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 6/14/13)”

DACA Statistics - USCIS Update through 4/30/13

June 4, 2013

These USCIS statistics on DACA cases from 8/15/12 to 4/30/13 show a total of 497,960 DACA requests accepted for processing, 483,907 biometric services appointments scheduled, and 291,859 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 375,568 received to date and 230,821 approved. California was the top state of residence with 141,367 received to date and 87,142 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (May, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 5/17/13)”

Updated Service Center Processing Times

May 28, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/21/13 with processing dates as of 3/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.


California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center


**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

DACA Statistics - USCIS Update through 3/31/13

April 30, 2013

These USCIS statistics on DACA cases from 8/15/12 to 3/31/13 show a total of 472,004 DACA requests accepted for processing, 456,843 biometric services appointments scheduled, and 268,361 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 354,002 received to date and 209,978 approved. California was the top state of residence with 134,167 received to date and 73,104 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (April, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 4/12/13)”

DACA Statistics - USCIS Update through 3/14/13

March 21, 2013

These USCIS statistics on DACA cases from 8/15/12 to 3/14/13 show a total of 453,589 DACA requests accepted for processing, 442,041 biometric services appointments scheduled, and 245,493 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 338,334 received to date. California was the top state of residence with 128,412 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (March, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 3/15/13)”

USCIS Releases New DACA Statistics through 2/14/13 - UPDATE

February 20, 2013

These USCIS statistics on DACA cases from 8/15/12 to 2/14/13 show a total of 423,634 DACA requests accepted for processing, 411,739 biometric services appointments scheduled, and 199,460 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 313,722 received to date. California was the top state of residence with 119,466 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (February, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 2/15/13)”

Updated Service Center Processing Times

February 8, 2013

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 5, 2013 with processing dates as of December 31, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

What is the Travel Policy for DACA Recipients?

February 6, 2013

Once you are approved under Deferred Action for Childhood Arrivals (DACA) can you legally travel outside of the United States? This is one of the many questions being asked about the DACA process. The answer is yes, but it is restricted and can be risky! After DACA approval you must apply and receive advance parole from the U.S. Citizenship and Immigration Services (USCIS) using Form I-131, Application for Travel Document ($360 filing fee) for any foreign travel.

USCIS normally only grants advance parole for foreign travel under the following reasons; Humanitarian purposes, Educational purposes and Employment purposes. Vacation travel is not considered a valid reason. Please note that your Deferred Action will be dismissed automatically if you travel outside the U.S. without receiving advance parole!

If you were ordered deported or removed before you were granted Deferred Action you need to clear that up before traveling even if you have already been approved for advance parole. Before you actually leave the U.S., you should seek to reopen your case with the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceeding. If you do not receive closure or termination before leaving this country you could be considered deported or removed and your Deferred Action terminated. Simply, you would not be allowed to return to the United States!

If you have been granted Deferred Action under DACA travel outside of the U.S. is restricted but possible. It is a risk but if done properly you can mitigate that risk.

For more information on this subject, review the following links:
- USCIS FAQs on DACA, specifically category on Travel, Question #3
- USCIS web page on the DACA process, specifically the Travel information

Article on the subject:
- “Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?

USCIS updates FAQs for DACA – 1/18/2013

January 24, 2013

The USCIS has updated their Frequently Asked Questions (FAQs) for Deferred Action for Childhood Arrivals (DACA) on their web site. The new FAQs cover a wide range of DACA subjects including “Lawful Status” and “Travel Outside of the U.S.” and are marked, “NEW”. These new questions and answers have been added to the already existing list and add to the knowledge base for this subject.

For more information please read the USCIS FAQs updated January 18, 2013 on DACA.

USCIS Releases New DACA Statistics through January 17, 2013 - UPDATE

January 23, 2013

These USCIS statistics on DACA cases from 8/15/12 to 1/17/13 show a total of 394,533 DACA requests accepted for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (January, 2013)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Performance Data (Posted 1/18/13)”

USCIS Releases New DACA Statistics through December 13, 2012 - UPDATE

December 19, 2012

These USCIS statistics on DACA cases from 8/15/12 to 12/13/12 show a total of 355,889 DACA requests accepted for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (December, 2012)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.


Source of Information: “USCIS Bulletin (Posted 12/14/12)”

Updated Service Center Processing Times

December 6, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 5, 2012 with processing dates as of October 30, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

ACHIEVE Act

December 4, 2012

On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act will allow individuals who meet the established criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.

Key differences from the DREAM Act:

- ACHIEVE Act does not provide a green card to the beneficiaries but creates instead a “permanent nonimmigrant status”

- ACHIEVE Act restricts eligibility to a more narrow class of individuals than DREAM


Some of the eligibility requirements for the initial W-1 visa:

- Initially entered the United States under the age of 14

- Under the age of 29 years on the date of enactment (32 years for those who earned a bachelor’s degree/associate’s degree prior to enactment of the Act)

- Continuous physical residence in the United States during the 5-year period preceding enactment

- Good moral character since the date of initial entry

-Has not been convicted of a felony, crime of moral turpitude, or a misdemeanor under Federal or State law punishable by imprisonment of more than 30 days. (Exception exists for traffic violation that does not include alcohol or controlled substances)

-Does not have a final order of removal (with some exceptions)

- Earned a high school diploma from a high school in the U.S. or a GED; AND
> Is enlisted/intending to enlist in the military;
> Is admitted as a student to an institute of higher education;
> Has earned a bachelor’s degree or an associate’s degree; or
> Has served for a period of at least 4 years in one of the branches of the Armed Forces and was not dishonorably discharged


Source of Information: “AILA InfoNet Doc. No. 12112746. (Posted 11/27/12)”


For more related information and other articles on the “ACHIEVE Act”, please review the following news stories.

Details surface on Rubio-GOP version of Dream Act

Achieve Act Introduced By Kay Bailey Hutchison, Jon Kyl

Hutchison, Kyl propose plan similar to DREAM Act — but without citizenship

Congressional Hispanic Caucus Rejects ACHIEVE Act

USCIS Releases New DACA Statistics through November 15, 2012

November 27, 2012

These USCIS statistics on DACA cases from 8/15/12 to 11/15/12 show a total of 298,834 DACA requests accepted for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (November, 2012)


Source of Information: “AILA InfoNet Doc. No. 12111648. (Posted 11/16/12)”

Massachusetts Governor Grants In-State Tuition to Undocumented Immigrants granted DACA

November 21, 2012

On Sunday, November 18, 2012 the Governor of Massachusetts announced that students that qualify for the Federal Deferred Action Childhood Arrivals (DACA) Program would be charged in-state tuition and fees. On the following Monday, Governor Deval Patrick send a letter to the state’s Board of Higher Education immediately lowering the rates and allowing undocumented students already attending Massachusetts colleges and universities to apply for a refund of the differ between out-of-state tuition to in-state tuition. This action will reduce the cost of tuition for qualified undocumented immigrants by more than half.

Read more: http://latino.foxnews.com/latino/politics/2012/11/19/massachusetts-governor-grants-in-state-tuition-to-undocumented-immigrants/#ixzz2ChOysVDJ

View the (.PDF) fact sheet on Massachusetts’s In-State Tuition for DACA Beneficiaries

Updated Service Center Processing Times

October 31, 2012

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 29, 2012 with processing dates as of September 30, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.

Social Security Number — Deferred Action for Childhood Arrivals

September 18, 2012

If you are granted Deferred Action status and after you are issued an Employment Authorization Card (I-765), you may apply for a Social Security Number. You must apply in person at your local Social Security office and must bring your newly issued I-765 and proof of age and Identity. To prove age and identity you must show an original or certified copy of one of the documents listed below.
• Foreign birth certificate;
• Foreign passport;
• U.S. military record;
• U.S. military identification card;
• Religious record showing age or date of birth;
• U.S. driver’s license;
• U.S. state-issued identification card;
• School record showing age or date of birth;
• School identification card; or
• Copy of medical record.

For further details read the original publication (http://www.socialsecurity.gov/pubs/deferred_action.pdf)

MVP LAW GROUP – Immigration Q&A Forum, Friday, September 14, 2012

September 14, 2012

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that I gave the USCIS a while ago are set to expire soon. Should I make an Info Pass appointment at my local USCIS office to give them a new set of fingerprints?

Answer #1
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


Question #2 – J-1 Visa
I have a J1 visa and some things have occurred and now my sponsor wishes to cancel my visa. My question is what is the time period that I have to leave the country without incurring any unlawful presence?

Answer #2
Considering the circumstances, if your visa was cancelled, you should make arrangements to leave immediately. If your visa has expired, which is different, you should make arrangements to leave within 30 days of the expiration of your J1 visa, this time period is called a ‘grace period.’


Question #3 – Non-Immigrant Visas
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?

Answer #3
NO. A B-1 visa is reserved for Business visitors who are not allowed to be gainfully employed in the United States. B1 visa holders are limited in the actions that they may partake in while in the U.S. as a business visitor. In order for them to be able to work (gainful employment) while in the U.S. a work visa is required. An H-1B nonimmigrant visa is a work visa reserved for specialty occupation foreign workers.


Question #4 – Green Card: Travel
We just applied for my husband’s green card. Can he travel back home to visit family while the I-485 is pending?

Answer #4
If you included Form I-131 in the Adjustment of Status petition for your husband, then once Form I-131 is approved, he should be able to travel back home to visit his family while his I-485 remains pending. Form I-131 is called Advance Parole, the document will allow him to exit and enter the United States for the validity period listed on the document.


Question #5 –Temporary Work Visa: H-1B
What should I do if I am fired from my job while in the United States on an H-1B visa?

Answer #5
If you have been fired from your job while in the United States your employer is liable to pay for your return transportation to your country of residence. Your employer is also responsible for informing the USCIS that you are no longer an employee. Once the USCIS receives this information, they will revoke the underlying H-1B.


Question #6 – Green Card: Family Based
My EB-2 priority date is January 18, 2010 and I have a pending I-485 application. My fiancé and I are getting married in February 2013. Since my I-485 is not approved yet, I heard thru the online forums that it is possible to include her in my green card application so that both of us can get our green cards when my priority date is current. Is that true? If so, when and how should I start the process?

Answer #6
You will need to wait for your priority date to become current before you are able to file your spouses’ I-485, Adjustment of Status application.


Question #7 – DACA
I think I am eligible under DACA. Do you think given the risks, I should file my application?

Answer #7
Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS. Please feel free to contact our office.


Question #8 – Tourist Visa
How do I provide proof of return, if I have gone home after being on a tourist visa?

Answer #8
When you exit the United States, you hand over your I-94, Arrival-Departure Document. When you enter your home country, your passport is stamped with the date of your arrival. This passport stamp serves as proof of your return to your home country.


Question #9 – Student Visa (F1)
Should I apply for a student visa before or after I am accepted to an institution in the U.S.? And approximately how much time should be in between when I apply for the visa and when I plan on coming to the States?

Answer #9
You should apply for a student visa after you are accepted into an SEVP certified institution in the United States. The School will assist you in completing the necessary paperwork and obtaining the appropriate papers (Form I-20) for you to obtain your student visa, enter the U.S. and begin your education in the U.S. Students are encouraged to apply for their visa early to provide ample time for visa processing. Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. Students should be advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20.


Question #10 – Temporary Work Visa: H-1B
Can I travel in and out the country at free will while on an H-1B visa?

Answer #10
You may travel in and out of the U.S. while on the H-1B visa if you have a valid H-1B visa stamped in your passport; however, we recommend that you limit your international travel to emergency/vacation purposes. Customs and Border Patrol (CBP) is the agency that grants or denies re-entry into the U.S.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 28, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

DHS Advises On Various DACA Process Questions

September 13, 2012

The Department of Homeland Security (DHS) has advised how they will handle and process Deferred Action for Childhood Arrivals (DACA) requests. AILA has listed these advisories below:

• DHS has advised AILA that its current internal goals for processing of DACA requests are:
o One month from receipt issuance to biometric appointment (the first round of biometrics started on September 6, 2012)
o Four to six months average processing time for the initial group of DACA deferred action requests. DHS anticipates that this timing may slow down as the volume picks up.

• USCIS will first issue notices regarding the exercise of discretion to grant deferred action, then will process the EAD applications.

• DHS indicates that we can expect to start seeing adjudications of the requests for exercise of discretion in the next couple of weeks.

• USCIS is working on another round of FAQs to address some of the issues being raised as people are working with the actual process.

• Where requests are not approved on the initial submission, USCIS intends to send either a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). It will go straight to denial only where the individual is clearly ineligible (the example given was if the requester was born in 1972).

• USCIS will notify those whose requests are denied by using a checklist with the reason(s) for the denial checked off.

Source of Information: "AILA InfoNet Doc. No. 12090747 (posted Sep. 7, 2012)"