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1 year since biometrics appt for daca and I haven't received nothing

Grayslake, IL |

I apply on sept 13, 2012 for the daca my biometrics appt was on oct 22, 2013 and as of today I haven't received nothing, no letters or nothing. I was never on trouble with the police. What can I do? I have call the office I have requested erequest. They tell me to wait.

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Attorney answers 4

Posted

That is a pretty long time and I am sure you are getting impatient to know the results. But such a long wait is not necessarily a "bad omen." I just had a DACA approved for a client that took almost a year to process, so it is not unheard of to have to wait this long. I would suggest you follow up with an infopass appointment at USCIS handling your case to inquire in person. Alternatively - or if this does not bring about any results - you should consider having an immigration attorney look into the matter on your behalf. Good luck!

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Posted

Here is a recent post from the American Immigration Lawyers Association (AILA):

The NSC Liaison Committee asked AILA members for examples of DACA cases pending more than six months. In response to the committee’s call for examples, AILA received over 400 case examples, including over 100 cases that have been pending for more than a year.

The vast majority of the examples AILA received are at the Nebraska Service Center (NSC): 283 have LIN (Nebraska) receipt numbers, and 120 have EAC (Vermont) receipt numbers. Most DACA cases at VSC were transferred to NSC in an August workload transfer. (AILA Doc. No. 13080850.) Only 12 case examples have an SRC (Texas) receipt number, and only 23 have a WAC (California) receipt number.

In over half of the 400 cases shared with AILA, the survey respondents indicated that they were not aware of any unusual circumstances that would explain the slow processing time. Many of the remaining long-pending cases involved one or more of the following circumstances:

The requestor had a criminal history -- numerous cases involved drinking and driving related incidents, juvenile adjudications, gang issues, and drug and theft offenses;
The requestor attended an online school or was homeschooled;
The requestor had previously been in removal proceedings or was in removal proceedings at the time of the DACA request;
The requestor had a petition or an application for other relief pending;
The requestor departed the United States for a considerable period of time either during or prior to the continuous residence period;
The requestor provided what the attorney considered to be a small amount of evidence to support either continuous residence during the relevant period or physical presence on June 15, 2012;
If you have a long-pending DACA case, check to see whether it may fall into one of the above categories. While not always true, these factors may lead to longer processing times. These findings are preliminary, and may not reflect USCIS policy decisions or adjudication trends.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Excellent information. So if any of these issues apply to the asker's case (i.e. departed the country, for example) that may explain the delay. In any event, such a delay is unfortunately not unusual, which this shows. Thanks for sharing.

Posted

Talk to a lawyer.

NOTE: If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

The best suggestion one could get.

Posted

Do an Inforpass, as the USCIS has become notoriously cumbersome to process basic procedural things efficiently. I know of the cases when people requested three biometrics within one year with the same result.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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