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What to Do When You’re Denied DACA

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Carmen Cornejo
Written by Carmen Cornejo

Life changed dramatically four years ago for young undocumented immigrants who came to the U.S. as children and fulfilled other requirements when Deferred Action for Childhood Arrivals was announced.

The process took away the fear of deportation and gave them the opportunity to work legally, and for many, the opportunity to access higher educationSo when USCIS denies a DACA application, it’s very discouraging for the individual.

According to statistics published by DHS, from August 2012 to March 2016, 539,008 DACA requests were approved, while 36,139 were denied.

There are many reasons USCIS may deny someone DACA. Two reasons stand out:

1. Lack of documentation that demonstrates continuous presence.

2. An error in the application package.

Unfortunately, there is no appeal process for DACA, but applicants who have been denied may re-submit their applications once corrected or expanded with the requested evidence.

There is also a process to review the I-821D denial. First, contact the USCIS call center at 1-800-375-5283 to have a service request created if the application was denied due to specific errors. Follow this link for more details on the list of errors.

Qualifying young immigrants should not be discouraged if they are denied and should consult with an experienced immigration attorney. Good luck!