USCIS: Guidance on Rejected DACA Requests

Update Dec. 27, 2017: Based on information provided by USPS regarding the mailing of DACA requests, USCIS is sending letters to affected DACA requestors inviting them to resubmit their DACA request within 33 calendar days. For any such affected DACA requestor who proactively resubmitted his/her DACA request before receiving a letter from USCIS inviting him/her to resubmit, USCIS alternatively will accept those resubmitted DACA requests and will send a receipt notice.

U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy had been rescinded and individuals could no longer request deferred action under DACA, and in light of the mail service delays identified by USPS, on Nov. 15, 2017, then-Acting Secretary of Homeland Security Elaine Duke directed USCIS to accept DACA renewal requests from individuals who resubmit their DACA renewal request with individualized proof that the request was originally mailed in a timely manner and that the cause for receipt after the Oct. 5, 2017, deadline was the result of USPS mail service error.

In addition, USCIS had discovered certain cases in which the DACA requests were received at the designated filing location (e.g., at the applicable P.O. Box) by the filing deadline, but were rejected. USCIS will proactively reach out to those DACA requestors to inform them that they may resubmit their DACA request. If a DACA requestor does not receive such a notification and believes that his or her DACA request was received at the designated filing location by the filing deadline, he or she may resubmit his or her DACA request with proof that the request was previously received at the designated filing location on or before the filing deadline.

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