C. Criminal Record Checks
Q22: Will USCIS conduct a back ground check whenever reviewing my ask for consideration of DACA? A22: Yes. You need to go through biographic and biometric criminal record checks before USCIS will consider carefully your DACA demand.
Q23: What do criminal background checks involve? A23: Background checks involve checking biographic and biometric information supplied by the people against many different databases maintained by DHS as well as other government agencies.
Q24: just just What actions will USCIS and ICE just just take if we participate in fraudulence through the process that is new? A24: you will be treated as an immigration enforcement priority to the fullest extent permitted by law, and be subject to criminal prosecution and/or removal from the United States if you knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain DACA or work authorization through this process.
D. After USCIS Makes a choice
Q25: Can I attract determination that is USCIS? A25: No. You can’t register a movement to reopen or reconsider and should not charm your choice if USCIS denies your ask for consideration of DACA.
You might request overview of your denial that is i-821D by the USCIS Contact Center Eastern. For those who are deaf, hard of hearing or have speech impairment. You could have a Service Request created if you think which you really did satisfy all the DACA directions and you also think that your request had been rejected because USCIS:
- Rejected the request predicated on abandonment, once you really responded to an ask for proof (RFE) or Notice of Intent to Deny (NOID) inside the recommended time;
- Mailed the RFE or NOID towards the address that is wrong you had changed your address online with an individual solution agent in the phone and submitted an application AR-11, Change of Address, before USCIS issued the RFE or NOID.
- So that the address is updated on a case that is pending quickly as you can, we advice that clients distribute an alteration of target demand. Please be aware that just an on-line modification of address or an application AR-11 submission will fulfill the appropriate needs for notifying the agency of a target change. Consequently, you have also submitted your address change online or with a Form AR-11 if you called a customer service representative to change your address, please be sure.
- Rejected the demand from the grounds which you failed to started to the usa just before your sixteenth birthday, nevertheless the evidence presented during the time of filing demonstrates that you did show up before reaching that age.
- Rejected the demand in the grounds which you indeed were in removal proceedings when the request was filed that you were under age 15 at the time of filing but not in removal proceedings, while the evidence submitted at the time of filing show;
- Rejected the demand regarding the grounds which you were 31 or older, nevertheless the proof presented during the time of filing demonstrates that you’re beneath the chronilogical age of 31;
- Rejected the demand from the grounds which you had lawful status, however the evidence presented during the time of filing indicates that you certainly were in a unlawful immigration status on that date;
- Rejected the demand from the grounds which you had been perhaps not actually contained in the usa, or more through the date of filing, nevertheless the proof presented during the time of filing suggests that you’re, in fact, current;
- Rejected the demand because of your failure to look at a USCIS Application help Center (ASC) to possess your biometrics gathered, whenever you in reality either did appear at a USCIS ASC to own this done or required before the scheduled date of one’s biometrics appointment to really have the visit rescheduled; or
- Rejected the demand since you failed to spend the filing charges for Form I-765, Application for Employment Authorization, once you really did spend these costs
Q26: If USCIS doesn’t exercise deferred action within my instance, can I be positioned in reduction procedures? A26: If you have got submitted an ask for consideration of DACA and USCIS chooses never to defer action available for you, USCIS will apply its policy guidance regulating the recommendation of situations to ICE additionally the issuance of Notices to seem (NTA). In the event your case will not include an offense that is criminal fraudulence, or even a danger to nationwide safety or general general public security, your situation won’t be described ICE for purposes of elimination procedures except where DHS determines you will find exemplary circumstances. For lots more information that is detailed the relevant NTA policy. If after overview of the totality of circumstances USCIS determines to defer action available for you, USCIS will exercise its discretion likewise and won’t issue you an NTA.
Q27: Can my deferred action beneath the DACA process be terminated before it expires? A27: Yes. DACA is a fitness of prosecutorial discretion and action that is deferred be ended whenever you want, with or without a Notice of Intent to Terminate, at DHSвЂ™s discernment.