United States Postal Service’s Errors Result in the Rejection of DACA Applications; Trump Administration Announces those Affected May Reapply

Lapses in time between mailing and deadlines initially resulted in United States Citizenship and Immigration Services (USCIS) rejecting the applications of many Deferred Action for Childhood Arrivals (DACA) applicants, but after news outlets shed light on the issue, the Trump Administration has decided to allow those whose applications were affected to reapply. An unidentified slow-down in mail service by the United States Postal Service (USPS) lasted weeks, and individuals who submitted their applications well before the deadline, through no fault of their own, received notices of rejection for failure to file in a timely manner. Though the Administration guaranteed applicants to reapply, not necessarily that those applications will be approved, the decision could potentially provide another two years of protection for many individuals whose application was already rejected.

Two groups of applicants were affected, both of which will be required to resubmit applications. The first group included individuals whose applications were received at the USCIS’s mailboxes as of October 5 but were not picked up until October 6. USCIS will proactively reach out to applicants in this group, though a timeframe for when this will occur has yet to be named. The second group included individuals who mailed their applications well before the deadline, but those applications were not received until after the October 6 deadline. USCIS will not proactively reach out to applicants in this group, and they will be required to provide “individualized proof that the request was originally mailed in a timely manner” and that the lapse in time was directly due to the United States Postal Service. Since USCIS does not accept filing fees for untimely applications, neither group will be charged twice.

For more information, view the full article.

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Coalition for the American Dream Seeks DACA Solution

More than 60 businesses, organizations, and trade organizations have announced the formation of a coalition seeking a long-term solution for the more than 800,000 recipients of the DACA program facing loss of that status as a result of the Trump Administration’s recent announcement that the program is ending. The coalition mentioned the economic benefit of finding a bipartisan solution could affect the national GDP by $215 billion, as well as the humanitarian benefit of allowing individuals who have grown up in the United States and positively contributed to its society.

For more information, view the press release.

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USCIS Updates Numerous Forms

United States Citizenship and Immigration Services has released revised versions of a number of its forms and has provided information regarding when the new version will go into effect and how long the older versions will continue to be accepted. Below is a list of the updated forms and the pertinent changes made to them.

Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

The new edition is dated 10/19/17. Beginning 01/12/2018, USCIS will exclusively accept the edition dated 10/19/17. Until that date, USCIS will continue to accept the 12/23/16 edition.

Form I-693, Report of Medical Examination and Vaccination Record

The new edition is dated 10/19/2017. Beginning 01/2/2018, civil surgeons will be required to use the edition dated 10/19/17. USCIS will deny the 02/07/17 version as well as any other previous editions signed and dated by a civil surgeon on or after 1/2/2018.

Form I-821, Application for Temporary Protected Status

The new edition is dated 10/19/17. Beginning 12/30/2017, USCIS will exclusively accept the edition dated 10/19/17. Until that date, USCIS will continue to accept both the 12/23/16 and 02/20/14 editions.

Form I-765, Application for Employment Authorization

The new edition is dated 07/17/17. Beginning 12/04/2017, USCIS will exclusively accept the edition dated 07/17/17. Until that date, USCIS will continue to accept the 01/17/17 edition.

Form N-426, Request for Certification of Military or Naval Service

The new edition is dated 07/25/17. Beginning 10/27/2017, USCIS will exclusively accept the edition dated 07/25/17. Until that date, USCIS will continue to accept the 08/04/15 edition.

For more information, view the USCIS updated forms page.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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