Steps Following DACA Denial
Following a denial of a DACA application, it is crucial for individuals to understand the immediate steps to take, their rights, potential appeal processes, and conditions for reapplication.
Receiving Notice of Denial
When the U.S. Citizenship and Immigration Services (USCIS) denies a Deferred Action for Childhood Arrivals (DACA) case, the applicant receives an official Notice of Denial. This document provides the reasons for denial and is pivotal for determining the next steps.
Understanding Your Rights
Upon denial, individuals have certain rights; for instance, they can stay informed about the specific reasons and grounds for the application’s rejection. It’s essential to carefully review the denial notice as it may contain information about the possibility to file a motion to reopen or reconsider the case.
Potential Paths for Appeal
Applicants should note that not all denial decisions are eligible for appeal. However, if eligible, they may submit a Form I-290B, Notice of Appeal or Motion, to USCIS. This can contest the decision under specific circumstances stipulated in the denial letter.
Reapplying for DACA After Denial
If the circumstances that led to the initial denial have changed, or if the applicant can address and correct the reasons for denial, they may submit a new DACA application. It is crucial to ensure that all required forms are complete and accurately filled to avoid recurring denial based on application errors.