LOUISVILLE, Kentucky. When the Trump administration revealed that it would be cancelling the DACA program, DACA holders were given until an October 5 deadline to apply for renewals of their status. Those whose DACA permits would expire before March 5, were permitted to apply for a DACA renewal. Yet, the New York Times reports that, for some DACA applicants, their applications—sent way ahead of time—never made it to the offices of United States Citizenship and Immigration Services. Post office delays resulted in the letters not arriving on time. As a result, applications were not processed. Investigations into the issues reveal that problems with lockboxes at post offices may have been part of the problem, but it isn’t entirely clear why some applications didn’t make it to the offices on time. Many were sent under certified mail.

According to the New York Times, as many as 41 applicants may have had their DACA renewals rejected because they were late. Later the Times reported that as many as 100 applications may have been rejected due to the post office delays. The United States Citizenship and Immigration Services said that nothing could be done about delayed applications because the deadline was final. Public outcry was swift. The postal service admitted to delays. In some cases, the applications actually arrived at U.S.C.I.S.’s offices in time, but the offices did not accept the applications. It isn’t clear why this occurred.

Now, the United States Citizenship and Immigration Services has changed its mind. For those whose applications were delayed by the U.S. Post Office, they will be permitted to submit their applications again. Individuals must show proof that they sent their earlier applications with sufficient time to reach the offices.

132,000 people applied to renew their DACA applications. According to a lawsuit, 4,000 renewal applications were rejected by U.S.C.I.S. because they were received late.

Part of the problem with the application process has much to do with the fact that U.S.C.I.S., in this case, did not put a postmark deadline on applications, but rather, put a physical receipt deadline. In the past, deadlines would be postmark deadlines, which means that applicants would have to put an application in the mail by a certain date. This makes deadlines more consistent, far easier to track, and less likely to be subject to the problems we’ve seen here.

So, what can you do if your DACA application was rejected due to delays in the mail? Consider speaking to the qualified immigration lawyers at the O’Brien Law Group in Louisville, Kentucky. Gather evidence and receipts showing when you made your delivery. Our firm can look into the mail carrier services in your area and determine whether you may qualify to send your application under the new deadline.

Furthermore, if your DACA application has been rejected, you may want to consider other options for immigration. The Louisville, Kentucky immigration lawyers at the O’Brien Law Group may be able to review your circumstances and help you understand all your immigration options.

 

 

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