Why would your DACA renewal application be denied?

November 20, 2020
Why would your DACA renewal application be denied?

Summary

Due to recent developments in U.S. immigration policy, the Deferred Action for Childhood Arrivals (DACA) program has undergone significant changes. In early 2020, the Trump administration tried to end the DACA program. Following orders by the Supreme Court, the U.S. Citizenship and Immigration Services (USCIS) has reinstated the DACA program but is no longer processing new DACA applications. Only previous DACA recipients can renew their status.

If you are applying to renew your DACA status, there are many reasons that USCIS might reject your application for many reasons. A few of the more common reasons for rejection include application mistakes, failure to reply to requests for evidence (RFEs), or changes since your last application that make you no longer eligible for DACA. This article will walk you through 8 common reasons USCIS might deny your DACA renewal application and what you can do about each.


This article is not legal advice. We do not intend for it to replace the expertise of an immigration attorney. Its goal is to help you learn more about why USCIS might deny your DACA renewal application and what you can do about it.


Overview

Reasons why your DACA renewal application might be denied:

You did not submit one or more DACA renewal application forms


USCIS may deny your DACA renewal application if your application packet is missing one or more DACA renewal application forms. USCIS will not process your DACA renewal application if you forget to submit even one of the forms required. When you are putting your DACA renewal application together, you must be careful to include all of the required forms and supporting documents that USCIS requires. You can follow our DACA renewal checklist to be sure that you have remembered to include everything before mailing your application to USCIS.


What forms do I need to renew my DACA?

There are three forms that USCIS requires to process your DACA renewal request. For your DACA renewal application to be processed, you must submit all three forms that USCIS. Your complete DACA renewal application packet must include the following completed forms:



Form I-821D is the actual DACA renewal application form. USCIS will reconsider your DACA grant together with your work authorization application, so you must submit Form I-765 in order to get or renew your DACA work permit. To determine that you actually need an Employment Authorization Document (EAD or work permit), USCIS will need to know that you have a financial need. You demonstrate that financial need on Form I-765WS.


ImmigrationHelp.org can help you prepare your complete DACA renewal application for free. Click the button below to begin.

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You submitted an incomplete DACA renewal application form


USCIS may likely deny your DACA renewal request if one or more of the application forms you submitted were incomplete. All three DACA renewal forms — Form I-821D, Form I-765, and Form I-765WS — must be submitted as completed forms. A form is complete when the applicant provides all the information requested on the form without leaving any spaces blank, unless the form specifies to leave the space blank.


To avoid submitting incomplete forms, you should  carefully review the form instructions for each of the three DACA Renewal forms to ensure that you answer every required question. You can complete the forms online by typing in the answers or downloading them and completing them by hand in black ink.


Check out our article on how to renew your DACA status for step-by-step guidance in putting your renewal application together.


If you use our free web app for your DACA renewal application, we will help you ensure that all of your forms are complete and ready for submission.

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You did not submit the correct DACA renewal application fees


USCIS will not process any application submitted to them if the applicant does not include payment for their application. You must include payment in the exact amount of your application's filing fee. If you pay less or more than the required amount, without approval for a fee waiver or fee reduction, USCIS will deny your DACA renewal application.


How much is DACA Renewal 2020?

There are two fees to pay for your DACA renewal. You will have to pay $410 for the work permit and $85 for biometrics, for a total fee of $495.


The Trump Administration recently implemented fee changes that would increase this amount to $765, but federal courts have blocked this from being enforced. We will update this article if there are any changes. Otherwise, for now, the price is $495 total to process a DACA renewal. 

You can find the most up to date fee information on the USCIS website. These fees change from time-to-time so be sure to reference USCIS’ website prior to filing.


How do I pay my DACA renewal fee?

You can pay your DACA renewal fee in a few different ways; by credit card, debit card, check, or money order. You may not pay your DACA renewal fees with cash.


Make any checks or money orders payable to the "U.S. Department of Homeland Security" so that USCIS can process your payment. Do not write checks to "DHS" or "U.S.DHS" or "United States DHS." 


If you pay by credit or debit card, you must complete Form G-1450, Authorization for Credit Card Transactions, and attach it to the rest of your DACA renewal application packet.


There are no fee waivers for DACA, but here are a few limited circumstances where you may get able to  a “fee exemption.” If you cannot afford the filing fees, check out our article on tips for paying the fees.


You can also cut some of the costs involved in the application process if you use our free web app to prepare your DACA renewal application instead of working with a lawyer. Click the button below to begin.

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You did not include all the required supporting documents for your DACA renewal application


For every form you submit to USCIS, there are required supporting documents that must accompany your application. USCIS will always outline the specific documents that you should submit with the form in the form instructions. You should  review the form instructions for each of the three DACA renewal forms to make sure you have included every supporting document USCIS wants. The form instructions for every USCIS form are available on the USCIS website.


Because the DACA renewal is not a new application, you usually don't have to submit too many supporting documents with your renewal unless your circumstances have changed since USCIS approved your last DACA application. Generally, you should include these documents for a renewal:


  • Two passport photos
  • A copy of the front and back of your current EAD card
  • Any other supporting documents if your situation has changed since the last time you filed for DACA


Check out our DACA renewal supporting documents article to learn more about what kinds of documents to submit if your circumstances have changed since your last filing.


We can help you put your DACA renewal application together for free. Click the button below to begin.

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You did not submit a timely Request for Evidence (RFE) response


Sometimes while reviewing your application, USCIS may determine that they do not have enough information to make a decision on your application. If this happens, USCIS will send you a Request for Evidence (RFE). An RFE does not mean USCIS has rejected your case - It just means that USCIS is allowing you to present additional evidence to support your case. If USCIS sends you an RFE, it will include a due date for submitting the evidence USCIS asked for on the RFE notice.


You must submit your RFE response to USCIS by the specified date. Consider the RFE response due date as the expiration date for submitting the requested evidence. USCIS will not consider any evidence it receives after that date for your application. Make arrangements so that the post office (USPS) or courier service you use delivers your RFE response in time. If USCIS does not have enough evidence to process your DACA renewal application by the date requested, they may deny your application.


USCIS will send the RFE notice to the mailing address listed on your DACA renewal application. For this reason, it is crucial that you update USCIS with any changes to your address after submitting your DACA renewal application. This will help you to not miss an RFE response due date just because you never knew about it. 


Our DACA renewal checklists can help you ensure you have included all initial evidence for your application.


Check out our article on RFEs to learn more about what to do if you get an RFE and how to put an RFE response together including an RFE response cover letter template you can use.


RFEs can be stressful, time-consuming, and cost-intensive. We can help you avoid RFEs by getting your application right the first time with our free web app. Click the button below to get started.

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You did not file your DACA renewal application on time


You can renew your DACA status  whenever you feel comfortable within the one year period before or after your current status expires. USCIS recommends that you file for the renewal between 120 and 150 days to your DACA expiration date. Most people apply for DACA renewal 120 days to the expiration of their current DACA so that they don't lose too much time on their status. 


If you file your DACA renewal application later than 120 days, USCIS will still accept your application, but you may be out of status for a while as processing can take a few months. In 2020, the COVID-19 pandemic has made application processing times even longer. Please also note that if you submit your renewal application more than 150 days before your current expiration, USCIS may approve your renewal before your current expiration date. If this happens, you will lose time in status.


We can help you prepare your DACA renewal application before your current status expires with our free web app. Click the button below to begin working with us.

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You left the U.S. without Advance Parole


If you want to travel outside of the United States while on DACA, you need to have Advance Parole to return to the U.S. legally. Advance Parole is a travel permit that USCIS grants to immigrants who do not have permanent status so that they can travel outside of the U.S.  while waiting to receive their immigration status. 


To apply for Advance Parole, you must submit Form 1-131, Application for Travel Document. If you have DACA and you leave the U.S. without Advance Parole, Customs and Border Protection (CBP) will likely deny your re-entry, and USCIS will cancel both your current DACA and your DACA renewal request. Even Advance Parole does not necessarily guarantee your re-entry into the U.S. It may help to talk to a lawyer if you want to travel outside of the U.S. while on DACA.


If you decide to apply for DACA Advance Parole, we can help you put your application together for free with our web app. Click the button below to get started.

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You committed a serious crime or you pose a threat to national security


USCIS may deny your DACA renewal application if they find that you committed a serious crime. When you provide your information at the biometric screening, USCIS runs your fingerprints through the FBI's criminal database to confirm that you do not have a criminal record that makes you ineligible for DACA.


USCIS will not consider you for DACA if you pose a national security threat or if you have a felony, significant misdemeanor, or three or more misdemeanors. You can read all about these criminal barriers to DACA eligibility on USCIS's website. If these apply to you, USCIS will typically refer your case to ICE for removal proceedings and deportation.


If you are applying for DACA renewal and are worried about a past criminal offense, it is wise to talk about it with an immigration lawyer before submitting your application. You can find free and low-cost legal services on the USA.gov website.


We can help you put your DACA renewal application together for free so that you get it right the very first time. If you plan to renew your DACA, ImmigrationHelp.org is happy to help you complete the forms and assemble the required documents for your DACA renewal application at no charge! Click the button below to begin.

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USCIS denied my DACA renewal application; what should I do now?


If USCIS denied your DACA renewal application, it would be best to reach out to an immigration lawyer or accredited representative to walk you through your options. According to USCIS policy, you generally cannot appeal a denial decision or file a motion for USCIS to reopen or reconsider your DACA renewal denial. 


However, in certain instances where the denial is because of a USCIS administrative error, you can submit a service request for USCIS to look into your case. Administrative errors would include things like if USCIS sent your RFE notice to an old address even though you had informed them of a change of address before issuing the RFE.


Can I re-apply for DACA after denial?


If USCIS denies your DACA renewal application, it may be possible to reapply depending on what USCIS's reasons were for the denial. 


For example, if USCIS denied your application because you didn’t submit required supporting documents that you actually did submit, you may appeal the denial or reapply. If you need to file an appeal, it would be a good idea to work with an experienced immigration attorney. You can find one at low or no cost by using USA.gov’s legal aid tool.


If, on the other hand, USCIS finds that you are ineligible for DACA and you do not have any evidence to prove that you are eligible, you probably won’t be able to appeal or reapply. In that case. you may have to consider other immigration benefits. We can help you figure out what benefits you may be eligible for if you complete our eligibility screener


ImmigrationHelp.org can help you prepare your DACA renewal application for free. Click the button below to get started.


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Conclusion


We hope that you found our guide to common reasons why USCIS would deny your DACA renewal application useful. When you are ready to apply, we can help you put your DACA renewal application together for free. If you have any questions about applying for DACA renewal or want to share your experience, we'd love to hear from you. Drop a comment below, and we will reply ASAP!


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