On Nov. 10, The New York Times reported that dozens of Deferred Action for Childhood Arrivals (DACA) applications were late in arriving to the U.S. Citizenship and Immigration Services (USCIS) offices because of a mail processing error.
Those applications were marked as late and would not be accepted. In light of this error, USCIS is allowing those affected to resubmit their application for DACA renewal, according to a press release from USCIS.
The release says acting Secretary of Homeland Security Elaine Duke has directed USCIS to accept submissions from DACA recipients who were affected by the mail error if they include “individualized proof that the request was originally mailed in a timely manner.” If applicants do not have that proof of delayed service, they can call USPS and to be issued a letter proving their circumstance, if applicable.
“All of this could have been avoided by not having a very short arbitrary deadline and by responding to our concerns about having a received-by deadline,” Kate Voigt, the associate director of government relations for the American Immigration Lawyers Association, told The New York Times. “We will be watching these cases very closely to see how USCIS treats them and makes sure that the agency accepts them.”
Those whose application arrived at specific mail pick-up sites for USCIS but were rejected for being late are also being reconsidered. The USCIS press release states that those applicants will be contacted personally to work out the reapplication process. If you have not heard from USCIS but believe that your application arrived at a mail pick-up location in time and was rejected, you can still resubmit with proof that it arrived before the deadline.
It has been reported that as many as 4,000 DACA applications were rejected as a result of this issue. It is unclear how many of those applications will qualify for resubmission.