Is there a way to appeal USCIS’s decision on a DACA application?
Atlanta, GA—Generally, U.S. Citizenship and Immigration Services (USCIS) does not give individuals the option to file a motion for reconsideration or request an appeal if the agency denied their request for Deferred Action for Childhood Arrivals (DACA). However, USCIS will allow an individual to get a Service Request created if they believe they met all the eligibility criteria to qualify for DACA benefits and was denied because of one of the following reasons:
- They were denied due to abandonment although they did respond to USCIS’ Request for Evidence (RFE) to an Intent to Deny (NOID).
- The RFE or NOID was sent to the wrong address even though the individual had provided USCIS with their current address.
- USCIS believes they did not arrive in the U.S before their 16th birthday despite the evidence they submitted that shows they did.
- USCIS alleged they were under the age of 15 at the time they filed their application but were not in removal proceedings when the evidence they submitted proves otherwise.
- They were allegedly 31 years of age or older as of June 15, 2012, even though they were under the age of 31 as of June 15, 2012.
- USCIS claimed they had lawful status on June 15, 2012, but according to the evidence that was submitted, they were considered unlawful.
- They were denied because they were not physically present in the U.S. on June 15, 2012, up until the date of their filing even though they submitted evidence that proves they were.
- They were denied because one or more filing fees were not satisfied.
To review the additional grounds for which USCIS will allow an individual to get a Service Request created, click here.
How can an Atlanta, GA immigration attorney help with a denied DACA application?
If an individual was notified that their DACA application was denied or their renewal request was not approved, they can contact an Atlanta, GA immigration lawyer for legal advice. Whether an individual’s application was denied for one of the reasons listed above or another, they are encouraged to consult with an immigration attorney who can confirm or deny if they can get a Service Request created.
In the event an individual’s DACA application has been denied and there is no way to get the decision reversed, an Atlanta, GA immigration attorney can determine if there are other immigration benefits they qualify for and assist them with applying for them.
To speak with an Atlanta immigration lawyer regarding a denied DACA application or to get an immigration-related question answered by a skilled attorney, contact Kuck | Baxter Immigration at 404-816-8611.
Kuck | Baxter Immigration can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350