Why is my DACA application transferred to local USCIS office?

Several DACA applicants are reporting that either they have been notified by the USCIS or they have noticed that online that their application, after waiting for 90 days for approval, or even worse six months in some cases, have been transferred to the USCIS field office.  They have been told there is nothing else for them to do and to wait for further instructions from the agency.  Exactly; like in most matters dealing with USCIS, it is best to wait.  Calling them or trying to contact a politician to influence the process is a waste of time.  The process has to take its course and it is better to just wait; you also need not worry that somehow your application will be delayed or denied or something else will go wrong (the right way to think about it is that if you have done nothing wrong and your application deserves to be approved, then, it will be; on the other hand if you do not deserve to be approved, even if it is not transferred to a local office, it will still be denied).  But why would the case be transferred?

It is not just DACA cases that are transferred to field offices; all sorts of application, including Adjustment of Status or AOS (application to receive a green card or permanent residency) and naturalization, are typically sent to local offices.  The reasons are many:
 



  1. USCIS made a mistake or you made a mistake and the application has now been sent to the right place.
  2. Personnel changes within USCIS prompting transfer of work to wherever it can be done faster.
  3. Redistribution of work between different offices when some offices get more workload while other offices have less work.
  4. The applicant files form AR-11 for change of address and that necessitates moving the case.
  5. Something popped up during the decision making process that requires the case to be handled locally.  Since local offices are much closer to the applicant's residence and/or employment and the agency has better relationship with the local law enforcement and businesses, it is much easier for the field office to handle such matters.  It is not unusual for USCIS to make phone calls to police, employers, landlords, school/university, churches, etc. to conduct their investigation as part of background check.  In rare cases, even a visit by a USCIS officer may be made to a police office or employer.
  6. While DACA cases are being handled without personal interviews, in other immigration petitions, it is generally a sign that the applicant will be directed to appear in person and provide original documentation in support of the case.

Popular posts from this blog

Can DACA approved DREAMers go on cruises?

As you know, I am strongly opposed to DACA approved DREAMers leaving the United States , even with advanced parole documents .  Yes, I understand that you may have to travel abroad using AP for business meetings or for humanitarian reasons or in some cases to exploit the loophole to let you adjust your status by wiping out your record of entry without inspection (EWI) .  Other than that, I cannot think of any other good reason to risk your future by leaving the US border.  Despite this, I keep getting questions about what loopholes can the DREAMers exploit to study overseas (I mean, seriously, the whole world aspires to study in America, and you want to go elsewhere?) or party somewhere or attend weddings. Passport may not be needed but proof of citizenship is:  One of these frequent questions is about cruises to the Caribbean Islands, like The Bahamas.  The thing is that some of the advertisements for these cruises tend to add "no passport needed" phrase to attract those
Read more

Completed sample Form I-765WS

Image
I already provided tips on completing the USCIS Form I-765 WS by DREAMers seeking work permits , but several of you have written that I provide a sample.  So below is a snapshot of an example form that I completed for a fictitious individual.  Please note the following: Complete your name in such a way that it is consistent with I-821D and I-765 . For current annual income , if you have a regular, full time job, simply use the information from your pay stub.  If not, simply add up the money you have made so far and estimate what your annual income is going to be.  However, if you work casually here and there performing small jobs, and do not have a steady job, simply add up whatever you were paid.  Do not forget tips and cash payments that you might receive, for example, in odd jobs.  If you made no money, for instance, if you are still in high school or simply do not have a job, write zero.  Keep good records of your basis, and definitely anything that can prove your income, beca
Read more

What are the consequences of using a fake Social Security number?

Many of the DREAMers applying for an EAD are struggling with the issue of their past use of a fake/false SSN to work illegally .  Obviously, the USCIS, DHS, and IRS are aware of it, and at this time the application process for the work permit under the deferred action childhood arrivals does not provide any guidelines on what happens if it is found out there is no match between your name and SS#.  There is no consensus among attorneys either right now and while one legal opinion is that there is no need to report any numbers that you have used to work in the past because these are not your numbers anyway, while other experts think that all numbers should be listed. Obviously, each case is unique and everyone should consult with an attorney to get a legal opinion, but this is a very complex situation, and can have serious consequences not just for a work permit under DACA but also for future steps like DREAM Act, green card (permanent residence), and eventually citizenship.  There i
Read more