Can I appeal USCIS determination?

No. You cannot file a motion to reopen or reconsider and cannot administratively appeal the decision if we deny your DACA request.

You may request a review of your Form I-821D denial by contacting the USCIS Contact Center at 800-375-5283 Monday to Friday, 8 a.m. to 8 p.m. Eastern. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833. We will not review its discretionary determination to deny your request for DACA. However, you can have a Service Request created if you believe that you met all of the DACA guidelines and that your request was denied because we:

  • Denied the request based on abandonment, when you responded to an RFE or Notice of Intent to Deny (NOID) within the prescribed time;
  • Mailed the RFE or NOID to the wrong address although you had changed your address, either online at How to Change Your Address or with a customer service representative on the phone and submitted a Form AR-11, Change of Address, before we issued the RFE or NOID.
    • To ensure the address is updated on a pending case as quickly as possible, we recommend that customers change your address online. Please note that only an online change of address or a Form AR-11 submission will satisfy the legal requirements to notify us of an address change. Therefore, if you called a customer service representative to change your address, please be sure you also change your address online or with a Form AR-11.
  • Denied the request on the grounds that you did not come to the United States before your 16th birthday, but the evidence submitted at the time of filing shows that you did arrive before reaching that age.
  • Denied the request on the grounds that you were under age 15 at the time of filing but not in removal proceedings, while the evidence submitted at the time of filing show that you indeed were in removal proceedings when the request was filed;
  • Denied the request on the grounds that you were 31 or older as of June 15, 2012, but the evidence submitted at the time of filing shows that you were under the age of 31 as of June 15, 2012;
  • Denied the request on the grounds that you had lawful status on June 15, 2012, but the evidence submitted at the time of filing shows that you indeed were in an unlawful immigration status on that date;
  • Denied the request on the grounds that you were not physically present in the United States on June 15, 2012, and up through the date of filing, but the evidence submitted at the time of filing shows that you were, in fact, present;
  • Denied on the grounds that you are not currently in school, have not graduated or obtained a certificate of completion from high school, have not obtained a GED certificate, and are not an honorably discharged veteran of the U.S. Coast Guard or armed forces of the United States;
  • Denied the request due to your failure to appear at a USCIS ASC where we may collect your biometrics, when you in fact either did appear at a USCIS ASC to have this done or requested before the scheduled date of your biometrics appointment to have the appointment rescheduled; or
  • Denied the request because you did not pay the filing fees for Form I-821D or Form I-765 when you actually did pay these fees.

Source www.uscis.gov

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