Requests for Evidence (RFEs) & Legal Concerns in the DACA Process
The Deferred Action for Childhood Arrivals program (DACA) faces an uncertain future, although it remains in effect to a limited extent for now. In the midst of this uncertainty, foreign nationals who have filed for protection under DACA sometimes question the wisdom of responding to a Request for Evidence related to their application. An RFE from USCIS is a request for more evidence to determine whether a foreign national is eligible for DACA. You should make sure to respond to an RFE if you receive it, since you may lose rights and benefits if you fail to respond.
Getting an RFE does not mean that USCIS plans to deny your application. It simply means that the agency does not have all of the papers that it needs to process the application. You should review the RFE and gather the missing documentation within the period provided by USCIS.
Risks of Responding to an RFE
There are very few risks of responding to an RFE. Foreign nationals often feel reluctant to provide further information to USCIS because they are concerned that USCIS will share the information with Immigration and Customs Enforcement (ICE). This is the branch of the Department of Homeland Security (DHS) that enforces immigration laws and can start removal proceedings. However, USCIS previously stated that its policy is not to provide this type of information to ICE unless it is necessary to protect public safety or national security, or in other extreme circumstances.
It is unlikely that a response to an RFE will trigger removal proceedings if the initial DACA application did not.
If DACA eventually disappears, people who formerly were protected under this program will be in the same position as any other undocumented foreign national living in the U.S. Meanwhile, as long as DACA lasts, they will be in a far better position if ICE becomes aware of their presence than an undocumented foreign national without DACA protection.
Also, you should be aware that your initial DACA application already acknowledged that you do not have legal status in the U.S. Any additional information provided in response to an RFE should not trigger removal proceedings if the previous admission did not.
Risks of Not Responding to an RFE
Failing to respond to an RFE for your initial DACA application will result in the denial of your application. You probably will not be able to apply for DACA protection again, and you will lose the filing fee. Failing to respond to an RFE for a DACA renewal application will result in losing DACA protection at the end of your current DACA period.
Failing to respond to an RFE will result in a denial of DACA protection, and the individual will probably lose the ability to apply in the future.
If you decide to give up your DACA application, or if you fail to renew your DACA status, you will not have access to any future benefits that foreign nationals covered by DACA might gain. Some immigration experts believe that people who hold or formerly held DACA protection may eventually receive a pathway to a green card or citizenship. (This general concept is known as the DREAM Act.) Of course, there is no guarantee that the U.S. government ever will enact this type of law, but you will not want to miss out on a life-changing benefit because you failed to respond to an RFE.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
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Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- When Foreign Nationals May Be Legally Eligible For DACA
- Crimes That May Legally Bar You From DACA Eligibility
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Requests for Evidence (RFEs) & Legal Concerns in the DACA Process
- Working Legally in the U.S. While Holding DACA Status
- Biometrics Appointments During DACA Renewal Applications & Legal Concerns
- Pursuing a Marriage-Based Green Card While Holding DACA Status
- Special Immigration Juvenile Status as a Legal Alternative to DACA Protections
- The DREAM Act and the Legal Origins of DACA Protections
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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