Skip to content

Judicial Watch • 2013 HQFO 00304 First Interim Release Package

2013 HQFO 00304 First Interim Release Package

2013 HQFO 00304 First Interim Release Package

Page 1: 2013 HQFO 00304 First Interim Release Package

Category:General

Number of Pages:355

Date Created:April 22, 2013

Date Uploaded to the Library:February 20, 2014

Tags:requestor, Fraud, sensitive, Continued, uscis, Cases, enforcement, official, review, Freedom, service, DHS, unclassified, document, FBI, states, united, EPA, IRS, ICE, CIA


File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF

National Standard Operating Procedures (SOP) 
Deferred Action for Childhood Arrivals
 (DACA)
(Form I-821D and Form I-765) 

Prepared by:  Service Center Operations Directorate 
August 30, 2012
 Version 1.0
 

Table Contents
 
Chapter  Page Definitions and Applicability DACA   5-14 Introduction  15-18 Summary the Overall Process Flow for DACA Filings  19-20 Lockbox Intake  21-22 Service Center Intake  23-29 Background and Security Checks  30-38 DACA Overview  39-41 Adjudication the DACA Request Procedural Overview System Searches Determining Guidelines are Met  44-63 Economic Necessity Removal Proceedings  65-70 Fingerprints and RAP Sheets  71-73 Evaluating Issues Criminality, Public Safety, and National Security  74-76  
Court Dispositions  77-79  
Arrests and Convictions  
Public Safety Concerns  
National Security Concerns  
Handling Procedures  82-84 Adjudicating Form I-821D, Part Criminal, National Security, and Public Safety Information  85-87 Fraud Review and Fraud Referrals  88-91 Decisions Request for Evidence Notice Intent Deny Approvals  94-95 Denials  96-99  
Supervisory Review  
10: Post Denial Process  100  
11: Returned Mail  101  

Continued next page 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Table Contents
 
Chapter  Page  
12: Employment Authorization General Information  102-103 Adjudication  104-109 Replacement Cards  110  
13: Customer Service Use Service Request Management Tool (SRMT) Respond Requests Review Certain Denials  111-121  
14: DACA Termination  122-123  
15: Processing Form I-131, Application for Travel Document, for Individuals With Approved Form I821D, Consideration Deferred Action for Childhood Arrivals (DACA)  124-126  

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Appendices
 
Appendix  	June 15, 2012, Secretary Homeland Security memorandum entitled, Exercising Prosecutorial Discretion with Respect Individuals Who Came the United States Children. 
Appendix 	November 2011, memorandum entitled, Revised Guidance for the Referral Cases and Issuance Notices Appear (NTAs) Cases Involving Inadmissible and Removable Aliens. 
Appendix	  Overview the Background Check Process 
Appendix DACA RFE Call Ups 
Appendix 	Notice Intent Deny Not Brief, Casual, Innocent Departure Under Voluntary 
Departure, Final Exclusion, Deportation Removal Order 
Appendix DACA Denial Template 
Appendix SRMT Responses 
Appendix SRMT Denial Template 
Appendix Notice Intent Terminate Deferred Action for Childhood Arrivals and 
Termination Notice 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Definitions and Applicability DACA
 
Absconder alien who failed surrender DHS for removal after receiving final order deportation, exclusion, removal. 
Aggravated Any alien who has been convicted criminal offense within the definition Felon 101(a)(43) the Immigration and Nationality Act (Act). 
Alias additional name (e.g., nickname, maiden name, married name) assumed name.  
Ancillary Application  Applications for travel, employment authorization, applications that not convey immigrant nonimmigrant status, and are filed connection with primary underlying application petition.  
ASC  Application Support Center. The ASCs, which are located throughout the United States and its outlying territories, facilitate the capture fingerprints and biometric data.  
BCU  Background Check Unit. work unit located each the Service Centers and the National Benefits Center. The BCU responsible for reviewing and resolving hits and other criminal, national security, and public safety concerns accordance with Agency policy.  
BCU DACA Team specialized team within the BCU that specifically reviews and adjudicates issues criminality arising from DACA requests. The team may consist Immigration Services Officers, well officers assigned CARRP, NTA issuance, and Triage duties, and the analysts who support them.  

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Brief, Casual, and Innocent Absence brief, casual, and innocent absence from the United States before August 15, 2012 will not interrupt continuous residence for purposes DACA. absence will considered brief, casual, and innocent, if: 
(1) 
The absence was short and reasonably calculated accomplish the purpose the absence; 

(2) 
The absence was not the result order exclusion, deportation, removal; 

(3) 
The absence was not because order voluntary departure, administrative grant voluntary departure before the requestor was placed exclusion, deportation, removal proceedings;  and 

(4) 
The purpose the absence from the United States actions while outside the United States were not contrary law. 

This definition brief, casual, and innocent absence has its basis case law and was codified into the regulations for the Temporary Protected Status (TPS) program.  Elements this definition brief, casual, and innocent will used for individuals requesting DACA.  See C.F.R. 244.1.  See also 
Continuous Residence below for additional circumstances that will not 
break continuous residence. 
CFDO  The Center Fraud Detection Operations (CFDO) the Fraud Detection and  
National Security (FDNS) organization within Service Centers. The CFDO  
comprised FDNS officers under the direction FDNS supervisor who  
reports directly the CFDO Assistant Center Director (ACD). While most  
CFDO work occurs office environment, some Service Centers conduct  
administrative investigations support FDNSs field operations.  
CLAIMS (C3)  Computer -Linked Application Information Management System Version case management application system track and process the adjudication applications, petitions, and other requests for immigration benefits and  
services.  

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Continuous	 The DACA requestor reside the United States for the entire period 
Residence	 specified the guidelines for DACA considered. alien shall not considered have failed maintain continuous residence the United States reason brief, casual, and innocent absence defined within this section. 
CARRP 
Controlled Application Review and Resolution Program.  This program outlines the process identify, record, and adjudicate applications/petitions/requests where National Security concern identified. 
DACA 
Deferred Action for Childhood Arrivals 
Deferred Deferred action discretionary determination defer removal action Action individual act prosecutorial discretion.  Deferred action does not confer any lawful status. 
DNR Does Not Relate. determination USCIS personnel whether security check result relates DACA requestor. 
Egregious Public Safety (EPS) Concern 
Any case where routine systems and background checks indicate that individual under investigation for, has been arrested for (without disposition), has been convicted of, specified crime, including but not limited to, murder, rape, sexual abuse minor, trafficking firearms explosives, other crimes listed the November 2011,  memorandum entitled Revised Guidance for the Referral Cases and Issuance Notices Appear (NTAs) Cases Involving Inadmissible and Removable Aliens. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Evidence	 Affidavits Affidavits generally will not sufficient their own demonstrate that requestor meets the DACA guidelines.  However, affidavits may used support the following guidelines when primary and secondary evidence are unavailable:  
 gap the documentation demonstrating that the requestor meets the five year continuous residence requirement; and 

 shortcoming documentation with respect the brief, casual and innocent departures during the five years required continuous presence. 

Two more affidavits, sworn affirmed people other than the requestor, who have direct personal knowledge the events and circumstances, can submitted. the affidavits are not sufficient establish that the guideline met, issue RFE using RFE DACA 302 call Appendix 
USCIS will not accept affidavits proof satisfying the following guidelines: 
	 
The requestor currently school, has graduated obtained certificate completion from high school, has obtained general education development certificate, honorably discharged veteran from the Coast Guard Armed Forces the United States; 

	 
The requestor was physically present the United States June 15, 2012; 

	 
The requestor came the United States before reaching his/her 16th birthday;  

	 
The requestor was under the age June 15, 2012; and 

	 
The requestors criminal history, applicable. 

Weigh the assertions the affidavit light the totality all the evidence presented. When evaluating what weight give affidavit, take the following into consideration: 
 affidavit needs signed and dated; 

	 
The identity the affiant needs readily ascertainable from the information the affidavit; 

	 
The affidavit should state the relationship between the affiant and the DACA requestor and contain facts that are relevant the guideline the requestor seeks meet; 

	 The affidavit should state the basis the affiants knowledge and 
exhibit first-hand knowledge the fact asserted. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Evidence	 Preponderance the Evidence 
(Continued) DACA requestor establish preponderance the evidence that he/she meets the guidelines for the exercise prosecutorial discretion the form deferred action. Under this standard, the requestor must demonstrate that more likely than not that she meets those guidelines. The preponderance the evidence standard lower standard proof than both the clear and convincing evidence standard and the beyond reasonable doubt standard applicable criminal cases. 

Primary Evidence 
Primary evidence evidence which, its face, proves fact. the DACA context, example primary evidence that could submitted satisfy the age guideline would birth certificate. example primary evidence that could submitted satisfy all part the continuous residence guideline would rental agreements school records the DACA 
requestors name. 

Secondary Evidence 
Secondary evidence must lead the officer conclude that more likely than not (in other words, probable) that the fact sought proven true. For example, individual unable obtain copy his birth certificate establish his date birth, baptismal records issued church showing that individual was born certain time would acceptable secondary evidence the birth for purposes satisfying the DACA age guideline.  Similarly, satisfy the continuous residence guideline under DACA, rental 
agreements the name the DACA requestors parent could acceptable secondary evidence demonstrating periods the requestors residence the United States, corroborating evidence the file (for example, school 
medical records) points the DACA requestors residence that address. 

Sufficiency the Evidence 
The sufficiency all evidence judged according its relevance, consistency, and credibility. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 

Evidence	 Totality the Evidence  
(Continued)  	For DACA, the totality the documentary evidence should reviewed determine whether the facts needed establish specific guideline have been demonstrated. many instances, adjudicator may satisfied based upon the review all the documentary evidence, that more likely than not that specific guideline has been meet even the record does not contain one specific document that, fact, satisfies the guideline.  For example, DACA requestor unable submit specific document evidencing his/her presence the United States June 15, 2012, he/she may able satisfy this guideline submitting various forms credible documentation evidencing that he/she was present the United States shortly before and shortly after June 15, 2012 from which the officer could infer, based the totality the evidence, that the individual was present the United States June 15, 2012.  (Note: evidence upon which one may infer that fact has been demonstrated also known circumstantial evidence, term that appears many DACA public information documents). 
Officers must see documentary evidence (either primary secondary) order determine the following guidelines have been met: 
	 
Requestor was under the age June 15, 2012; and 

	 
Requestor currently school, has graduated obtained certificate completion from high school, has obtained general education development certificate, honorably discharged veteran the Coast Guard Armed Forces the United States 

Officers may not infer from other sources that either these two guidelines have been met. 
Officers should look the totality the evidence (meaning that facts can inferred from one more sources) determine the following guidelines have been met: 
	 
The requestor was physically present the United States June 15, 2012;  

	 
The requestor came the United States before reaching his/her 16th birthday;  

	 
The requestor satisfies the continuous residence requirement, (as long she presented clear documentation continuous residence the United States for portion the required five-year period and any other evidence submitted supports finding that the requestor was actually residing the U.S. during the period for which has not provided clear documentary evidence such residence); and 

	 
Any travel outside the United States during the five years required continuous presence was brief, casual, and innocent. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Evidence	 For the remaining guidelines, i.e.,  the requestor was unlawful status 
(Continued)  	June 15, 2012,  has disqualifying criminal convictions, and does not otherwise pose threat  public safety national security, the information presented the DACA requestor his/her Form I-821D combination with background and security checks, routine systems checks, supporting evidence submitted the requestor, and any other information file, may establish that these guidelines have been met. 
Front End Check  Security and systems checks performed upon the receipt application petition other requests screen for national security, EPS, fraud, other criminal concerns. FDNS  Headquarters Office the Fraud Detection and National Security Directorate USCIS.  
Hit record returned security background check system response query that may relate the subject being queried.  
Interpol  International Criminal Police Organization, the worlds largest international police organization. This organization facilitates cross-border police cooperation and supports and assists all organizations, authorities, and services whose mission prevent combat international crime.  

JTTF	 Joint Terrorism Task Force. The JTTF run the Federal Bureau Investigation (FBI). The JTTF comprised small groups highly trained, locally based members from U.S. law enforcement and intelligence agencies. JTTF responsible for all domestic and international terrorism matters. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
KST 

National Concern exists when individual organization has been 
Security determined have articulable link prior, current, planned (NS) 
involvement in, association with, activity, individual, organization 
Concern       
described  212(a)(3)(A), (B), (F), 237(a)(4)(A) (B) the Act. This determination requires that the case handled according the CARRP policy outlined the memorandum issued April 11, 2008. 

NCTC	 National Counterterrorism Center. August 2004, the President established NCTC, multi-agency organization, serve the primary organization for the U.S. Government for integrating and analyzing all intelligence pertaining terrorism and counterterrorism (CT) and conduct strategic operational planning integrating all instruments national power.  
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued Match  This annotation used the Record ofresults hit.  query  
Non-KST Non-KST concern includes all other concerns, regardless the source, including but not limited to: associates KSTs, unindicted coconspirators, terrorist organization members, persons involved with providing material support terrorists terrorist organizations, and agents foreign governments.  
Primary Name and DOB  The name and date birth provided applicant, petitioner, requestor his/her given name and date birth. This generally listed the first part the application/petition/request.  
Relates  This annotation used the ROIQ  query results hit that closely corresponds the subject queried.  
Resolution determination the effect relevance the available information the eligibility the applicant, requestor, petitioner, beneficiary, derivative for the benefit request sought.  
ROIQ  Record IBIS Query. This form used record the search criteria queried and the results those queries.  

SNAP	 Scheduling and Notification Applicants For Processing. automated system that schedules appointments for individuals submit biometric information ASCs.  
Secretarys The June 15, 2012, memorandum entitled, Exercising Prosecutorial Memorandum Discretion with Respect Individuals Who Came the United States Children, issued the Secretary Homeland Security. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Definitions and Applicability DACA, Continued 
Security Check specific check combination checks required for each application, petition, request conducted accordance with Agency policy.  
System Match record returned response query, the subject which may may not relate the subject being queried. This the same Hit.  
TECS  TECS formerly known the Treasury Enforcement Communications System/Interagency Border Inspection System.  TECS automated enforcement and inspection lookout system that combines information from multiple agencies, databases, and system interfaces compile data relating national security risks, public safety issues, current past targets investigations, and other law enforcement concerns. The system maintained U.S. Customs and Border Protection.  

VGTOF	 Violent Gang and Terrorist Organization File. The VGTOF file has been designed provide identifying information about violent criminal gangs and terrorist organizations and members those gangs and organizations law enforcement personnel. This information serves warn law enforcement officers the potential danger posed violent individuals and promote the exchange information about these organizations and members facilitate criminal investigations. USCIS has access VGTOF through NCIC. 
This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Introduction
 
Purpose	 This SOP describes the procedures Service Centers are follow when adjudicating DACA requests. This SOP includes the procedures for processing Form I-821D, Consideration Deferred Action for Childhood Arrivals, and Form I-765, Application for Employment Authorization. also describes the procedures for adjudicating advance parole requests for individuals whose removal has been deferred under DACA and who need travel outside the United States for educational, employment, humanitarian purposes. 
References	 For DACA: Memorandum issued June 15, 2012, Exercising Prosecutorial Discretion with Respect Individuals Who Came the United States Children, Secretary Homeland Security Janet Napolitano U.S. Customs and Border Protection; U.S. Citizenship and Immigration Services; and Immigration and Customs Enforcement.See Appendix for copy the Secretarys memorandum. 
For Employment Authorization: C.F.R.  274a.12(c)(14) the legal authority for employment authorization based grant deferred action. The (c)(33) code will used distinguish EAD grants under DACA from EAD grants under other forms deferred action. See also the Secretarys memorandum, which provides that USCIS shall accept applications determine whether individuals whose removal has been deferred under DACA qualify for work authorization during the period deferred action. 
Fraud Cases	 All officers are required review cases for the possibility fraud.  All officers should review the case based the standard fraud referral protocols and the additional guidance provided Chapter Section this SOP. 
Applicability	 This SOP applicable all Service Center personnel performing adjudicative and clerical functions review those functions.  Personnel outside Service Centers performing duties related DACA processing will similarly bound the provisions this SOP. 
Continued next page 

This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Introduction, Continued 
Conflict 	Any provision the Act C.F.R. found Headquarters Service Center 
Resolution	 Operations Directorate (SCOPS) conflict with this SOP will take precedence over the SOP; any individual who identifies such apparent conflict will report the matter immediately the DACA SISO POC, who will turn report the conflict SCOPS. any apparent conflict noted between this SOP and policy guidance documents, the matter should reported SCOPS through the supervisory chain command.
 Revisions	 SCOPS will issue numbered revisions this SOP. other document will considered valid modification.  
Version Control 
All personnel who maintain hard copy the SOP will ensure that the latest version. electronic copy the latest version will posted per local procedures.  The training unit will archive all prior electronic versions this SOP. 
Additional For additional resources DACA, please see supervisor training Resources coordinator for DACA training presentations and modules. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Introduction, Continued 
DACA June 15, 2012, the Secretary Homeland Security issued memorandum 
Overview	 entitled, Exercising Prosecutorial Discretion with Respect Individuals Who Came the United States Children. this memorandum, the Secretary provides guidelines for exercising prosecutorial discretion case -by-case basis defer removal action individuals who were brought the United States children. issuing this memorandum, the Secretary recognized that, general matter, these individuals lacked the requisite intent violate the law when they entered the United States children. Therefore, the Secretary determined that additional measures are necessary ensure that enforcement resources are not expended these low priority cases, but rather, those who meet DHSs enforcement priorities. 
Childhood  For purposes considering individual for DACA under the Secretarys Arrival memorandum, individual may favorably considered for DACA he/she:	 
Entered without inspection before June 15, 2012, and had lawful status that date, admitted paroled,  his/her lawful immigration status expired June 15, 2012;	 
Was under the age June 15, 2012;	 
Came the United States prior reaching his/her 16th birthday;	 
Has continuously resided the United States since June 15, 2007, the date filing;	 
Was present the United States June 15, 2012, and the time making his/her request for consideration deferred action with USCIS; currently school, has graduated obtained certificate completion from high school, has obtained GED certificate, honorably discharged veteran the U.S. Coast Guard U.S. Armed Forces; and	 
Has not been convicted felony, significant misdemeanor, three more misdemeanors, and does not otherwise pose threat national security public safety. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Introduction, Continued 
DACA Requests Filed with USCIS 
USCIS will process all DACA requests, regardless whether the individual removal proceedings (unless the individual immigration detention under the custody ICE) subject final order removal. Depending when the order was issued, this could order deportation, exclusion removal. complete DACA package consists concurrently filed Forms I-821D, Consideration Deferred Action for Childhood Arrivals and I-765, Application for Employment Authorization, with the worksheet, Form I765WS. Forms I-821D and I-765 must filed concurrently. DACA requests will adjudicated all four Service Centers.
 Lockbox	 All DACA requests are filed, with applicable fees, and with the appropriate USCIS Lockbox. DACA filings mistakenly mailed Service Center will forwarded the appropriate Lockbox for processing. Requests received Lockbox Facility will electronically scanned into OnBase (the Lockbox intake system) and all pertinent fields will populated CLAIMS (C3) into the Form I-821 screen, but with new category 3 the basis for requesting DACA. While Forms I-821for TPS, and I-821D for DACA are very similar, when Form I-821 appears CLAIMS with category 3 (to denote that actually I-821D for DACA), only those fields pertaining 

The  file containing the Form I-821D and Form I-765 will forwarded the appropriate Service Center for adjudication, based the agreed upon routing logic between Service Centers and Lockbox. 
The Lockbox will screen DACA requests determine whether they have been filed correctly with USCIS.   
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Summary Overall Process Flow For 
DACA Filings 

Introduction This section summarizes the general process flow for initial DACA request, from intake the Lockbox, the point final decision.   
Process Flow	 Step Intake occurs the Lockbox per the agreed upon Lockbox/SCOPS business rules. 
Step
 Service Center Records performs the A-number look-up and validation 
process.
 
Step 
Data populated into via the Lockbox-Service Center interface.
 
Step 
Lockbox creates and ships A-Files/T-Files the appropriate Service Center 
based the agreed upon routing.
 
Step 
Service Centers receive the files and perform file intake functions. 

Step 
ASC appointments are scheduled via SNAP the Service Center pursuant
 local procedures.
 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Summary Overall Process Flow For DACA Filings, Continued 
Process Flow 
(Continued) 
Step parallel the SNAP scheduling process, background and security checks
 are initiated via TECS.  

Step 
The Service Center must look for the following determine the next steps: Whether the DACA requestor appeared the ASC for biometrics capture and whether the FBI returned the fingerprint results (fingerprint results are required only for those years and older); and Whether

 fingerprint results returned derogatory information impacting the exercise discretion for DACA. 

Step
 The Service Center will take adjudicative action.
 
Step 10:
 The process flow splits off here, depending the results from the FBI, the

 check, whether supervisory hold should placed the request. DACA request will routed based these results, laid out the chart 
below: hit 
are routed officer for adjudication. hit routed adjudications from BCU with the annotation Does Not Relate (DNR); routed BCU for confirmation and vetting the related hit. 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) 
This document FOR OFFICIAL USE ONLY. contains information that may exempt 

from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Lockbox Intake
 
Rejection  The Lockbox will use the following rejection criteria for DACA filings: Criteria 
Rejection Form I-821D: 
Missing Signature either Form I-821D Form I-765; Missing wrong fee for Form I-765 (Expecting $465 total, which includes the biometrics fee, unless the individual fits within certain fee exemptions established for DACA requestors and exemption has been previously approved); 

Missing Required Fields 
 needed for ingestion C3: 
Family Name
 Address:
 Date Birth:
 Form I-821D received without Form I-765;
 Filed from foreign address;
 Form I-131 for advance parole received with Form I-821D (If the
 Form I-131 filed with separate check, only the Form I-131 will
 rejected and the Form I-821D and Form I-765 will accepted); 
The requestor was years older June 15, 2012;
 The requestor under time filing and does not indicate that
 he/she removal proceedings Question 3.b. Form I-821D.
 

Rejection Form I-765 (based DACA grant): 

Missing wrong fee (Expecting $465 total, including the biometrics fee, unless the individual fits within certain fee exemptions established for DACA requestors and exemption has been previously approved); 

Missing Signature. 
The stand-alone Form I-765s filed those whose removal has been deferred under DACA ICE will processed the National Benefit Center. Prior the decision that USCIS will process all DACA requests include those removal proceedings, ICE did defer removal for some DACA requestors. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Lockbox Intake, Continued The Lockbox will perform the following: 
Validation/ validation triggered the Form I-821D; 
Assignment the requestor provides that matches the Central Index System (CIS) based upon the same name and date birth, the retained and cloned the Form I-765; the provided the requestor incorrect, the transaction goes the queue for research. the correct found USCIS systems, inserted into the Form I-821D record and cloned the Form I-765. found USCIS systems, then assigned Form I821D and cloned the Form I-765; there the Form I-821D, the transaction goes the queue for research. the correct found, will inserted into the Form I-821D record and cloned the Form I-765. found USCIS records (manual search), then the assigned Form I-821D and cloned the Form I-765. 
Research completed Service Center staff remotely accessing the Lockbox intake system. DACA requests with missing invalid are routed USCIS review.  USCIS may correct the assign new A#. 
Record The Lockbox will assemble the DACA files the following order:
 Proceeding
 (ROP)
 
Records Side  Non-Records Side  
Valid Form G-28  Form G-28 (not-valid) face down  
Form I-821D  Property Envelope (facing backward and upside down)  
Form I-765WS  
Form G-1145  
Attorneys Letter (if applicable)  
Passport  
Birth Certificate  
Form I-94  
Other Supporting Documentation  
Form I-765 requestors photos will placed ziplock bag and stapled the Form I-765)  
Address Side Envelope  

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Service Center Intake 

Incoming The contractor will perform the following actions: 
Files 
Open the boxes from the Lockbox; Date stamp and check the manifest against the files the boxes; Separate A-file and T-files; Perform new add for the receipt files, A-files, and T-files, well consolidate Forms I-821D and I-765 into the A-file/T-file the National File Tracking System (NFTS); T-files  locate the A-file(s) using the NFTS inquiry screen and the A-file(s) are located outside the Service Center,  initiate the A-file request; A-files  Perform new add the A-file into the Central Index System (CIS); and Deliver DACA files work distribution. Responsible Party Codes (RPCs) are used track the location files the Service Center. NFTS barcode placed each shelf, box, drawer which DACA files are stored. 

The Service Center will 
perform the following actions: 
Perform Quality Assurance review random sample incoming DACA files.   ROP order, proper acceptance, and correct matching data the form compared with the CLAIMS record, will all reviewed. Any errors will recorded and reported back the Lockbox service provider for process improvement steps. Corrections will made the Service Center.  Initiate automated 
check the DACA requestors name(s) and date(s) birth; and Review and resolve any identified hit (performed BCU officers). 

See Chapter for more detailed information relating background checks. 
Biometric The 
Service Center will perform the following actions: Capture 
Compile daily bulk scheduling requests and send them the ASC for SNAP scheduling; and 

Fill officer work orders, biometric and fingerprint results post for DACA requestors. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Biometric Rescheduling  All reschedule requests will through the centralized rescheduling facility. The centers will notified via spreadsheet from the centralized rescheduling facility upon rescheduling original ASC appointment.  
The requestor can reschedule multiple times within days the initial ASC appointment date. the requestor fails appear the ASC within the days, the DACA request will denied for abandonment. the requestor asks for appointment beyond days into the future, the centralized rescheduling facility will send scanned request the Service Center for processing. The rescheduled ASC appointment date not exceed the 87-day window.  

Biometric requestor originally scheduled for ASC appointment and does not 
Shows	 appear, the center should send RFE with instructions contact the National Customer Service Center facilitate rescheduling his/her appointment. written response the RFE not required, provided that the requestor timely reschedules and goes the rescheduled ASC appointment. 
The centers will notified via spreadsheet from the centralized rescheduling facility upon rescheduling original ASC appointment. The center will then hold the case for the new appointment, and the requestor fails appear again, the requestor fails reschedule second appointment within days based that RFE, the case will denied for abandonment. 
Officer The contractor will perform the 
following actions: Work Orders accordance with local procedures, screen prints may provided officers reduce the need search systems the point adjudication; and 

Adjudication ready DACA files will delivered officers. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Non-Sufficient Background Funds (NSF) 
This section addresses the procedures used for completing the non-sufficient funds (NSF) cases.  The NSF cases are identified the Burlington Finance Center (BFC) and are listed the NSF New Bill Report the Federal Finance Management Service (FFMS) system. 
For DACA, Forms I-821D and I-765 must filed concurrently. There fee for Form I-821D. The $380 fee required for Form I-765. The $85 biometrics fee also required.  Lockbox will looking for $465, either one check two checks. The I-765 fee and the biometrics fee will bundled and listed one fee --$465. the DACA requestor does not remit $465, Lockbox will reject the entire filing. Even when the proper fee has been remitted, possible that payment may returned due NSF. The NSF can occur combination scenarios: the fees are paid one check and the entire check returned NSF; the fee paid two checks and either both checks are returned NSF. Failure either fee both fees clear the bank, being made good within the calendar days allowed, will result denial Form I-821D and rejection Form I-765.  See Chapter for more information the denial. 
Retrieving the New Bill Listing Report FFMS 
Fee payments the form personal checks, cashier checks, money orders are submitted along with DACA request. When discrepancy found payment, such stale, dated, without sufficient funds, etc., the bank will notify the Burlington Finance Center (BFC) Vermont.  These non-payment checks money orders are referred bounced checks.  The BFC will compile all the bounced checks and enter the data into the FFMS system, create invoice number for each bounced check case, and place them the bounced check New Bill Report. The Service Center Records Divisions, daily basis, access this data via the FFMS website download bounced check New Bill Report. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Non-Sufficient Funds (NSF) (continued)  Invoicing the Payee Along with listing the case FFMS, the BFC will also mail invoice the payee the fee, requesting that the new payment sent them and that $30 NSF charge also paid. The $30 NSF charge assessed each bounced check.  
Notifying the DACA Requestor  
The Service Center will mail informational notice the I-797C the  
DACA requestor regarding the specific NSF payment. this case, the DACA requestor will receive the NSF notice, regardless whether they are the payee not. this manner, both the payee and the DACA requestor receive notification they are different parties.  
Placing Case Hold Status reflect the hold status the case, the action codes will recorded C3,   are follows:  

CHECK DEFICIENCY NOTICE SENT 
Place file hold shelf. 
Completion procedure when case paid 
The bounced check paid cases are identified Burlington Finance Center and are listed the bounced check Paid Activity Report the FFMS system. The Service Center Records Divisions access this data daily via the FFMS website download the bounced check Paid Activity Report.  
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Non-Sufficient
 Funds (NSF) 

(continued) 
System Update Steps 
The CLAIMS GUI I-765 record will accessed. The new paid date from the Paid Activity Report will become the new Received Date the record. 
The remittance screen will updated with the action code: FEE COLLLECTED ELSEWHERE modified receipt notice will printed and mailed reflecting the new Received Date. The action code recording this is:
 MODIFIED RECEIPT NOTICE SENT The hold status will removed from the record.  The action code recording this is: 

 BOUNCED CHECK CORRECTED CASE NOT YET COMPLETED 
The case now ready proceed again through the pre-adjudication process. Schedule the biometrics appointment SNAP and place the file the biometrics hold shelf. 
Mailing the Receipt notice 
The receipt notice states: 
This notify you that have received full payment for the above 
referenced application petition and processing has resumed.  Your filing date has been adjusted reflect the receipt payment. will notify you separately our decision the application petition. 
Completion procedure when case remains unpaid 
Unless fee exempt, the DACA requestor has calendar days from the invoice date submit proper payment credit card, money order cashiers check the BFC.  The proper payment $465 --$380 for the Form I-765 and $85 for the biometrics fee. the $465 was paid two checks, either check exceeding the calendar days allowed correct NSF status will result rejection Form I-765. 

Pull the files that have been staged the bounced check hold shelf for over days and verify the case the CLAIMS system and determine 
the bounced check paid status FFMS. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Non-Sufficient
 Funds (NSF) 

(continued) 
The FFMS Status box indicates OPEN 
The Open status means the BFC has not received the bounced check 
payment full from the debtor. After the 14-day hold the bounced check hold shelf, C3/GUI application/petition shall pulled from the hold shelf for review. has been over days past due and the case status shows 
Open FFMS and there indication Change the Due Date 
made the BFC the the Customer Log (RM043) screen, reject the Form I-765 untimely paid. 
Recording the Rejection 
The case accessed and the action code recorded is: 
BOUNCED CHECK NOT CORRECTED, REJECTED 
Form I-765 form will closed the Records Analyst this manner: the Action Block the application, stamp red black ink 
REJECTED Bounced Check. memorandum printed from template Word recording the following data: 

Todays Date 
Form Type (if available) 
Receipt 
Date Rejected 
Invoice 
Amount 
Debtors Name (Optional) 
Place this memo the top the right side the DACA A-file. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Service Center Intake, Continued 
Non-Sufficient Funds (NSF) (continued)  Mailing the Rejection rejection notice printed I-797 generated from and mailed the requestor. reads: previously notified you that the payment for the filing fee the above case was returned.  The Burlington Finance Center did not receive payment within days the invoice.  
Your application petition has been rejected improperly filed. Any previously assigned priority processing date longer applicable. new application petition must filed, and new fee required, you wish pursue the benefit.  Personal Checks will not accepted.  
Disposition the I-821D  
After processing the rejection for Form I-765 due the NSF, the same day, route the A-file DACA Supervisory Immigration Services Officer for issuance denial for the Form I-821D.   
The denial should issued per the instructions Chapter this SOP.  

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Background and Security Checks 

Introduction	 Background and security checks will conducted for all DACA requests. part the background check, USCIS requires that specific security checks combination checks are completed for Forms I-821D and I-765. The background checks refer the analysis the results the security checks any other identified concern relating national security public safety and the actions required resolve the concern. The resolution must conducted accordance with current NaBISCOP and CARRP policies. 
Fraud related concerns that arise during the course background and security checks should addressed according the March 2011 SOP, 2008 ICE/USCIS MOA and Chapter Section this SOP. Fraud related issues will referred CFDO. 
The following specific background and security checks apply DACA requestors: 

Responsibility 
All DACA requestors with national security issues, 

 hits, other criminality concerns will processed the BCU DACA team per the following guidance: 

National Security: All(b) (7)(E)  national security issues will resolved through the established CARRP process. All cases with National Security concerns will resolved and adjudicated the CARRP officer attached the BCU DACA Team. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Responsibility 
(continued) 

System Updates for DACA File Movement Into and Out   BCU 
For reporting purposes, DACA file movement into and out the BCU will require the following updates C3: 

Sent Background Check Unit (BCU) for Resolution 
when sending DACA request the BCU; and Received from Background Check Unit (BCU) with Resolution 

when receiving DACA request from the BCU for final processing. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Overview Appendix illustrates high level overview the background check process Background once potentially derogatory information has been identified result the Check Process security checks, from other sources. Procedures for confirming match 
USCIS personnel must: 

Determine the subject the derogatory information relates the requestor; and Compare the information from the security check other source the biographic, biometric information, and physical descriptors about the individual. 
USCIS personnel may use any combination available identifiers, assist the determination. While USCIS officers primarily rely best judgment and experience determining whether the information relates the individual, USCIS personnel should consult with supervisor there any uncertainty whether the information relates the DACA requestor. there continues any uncertainty about the match, supervisors may work through their chain command and with HQ, necessary. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Overview Background Check Process 
(continued) Triage Information Conclusive Match Once determined that the information relates the individual, USCIS personnel must determine the results fall into the following categories, which require special processing: 

National Security;
 EPS other criminal cases;
 Articulated immigration Fraud.
 Criminal hits, which involve violation U.S., state, local criminal law, but not rise the level EPS concern, defined the November 2011, NTA memorandum, impact each case differently and should considered during the adjudication process determine such activity germane the request for consideration deferred action for childhood arrivals. Criminal activity occurring outside the United States (including foreign convictions) that may revealed during routine background checks which the requestor may have disclosed the deferred action request, factor into the evaluation whether the requestor poses public safety concern, under the totality the circumstances. Inconclusive Match 
When USCIS officers are unable confirm the match after exhausting available electronic systems searches and other resources, personnel must consult their chain command determine the appropriate follow-up action. some instances, RFE confirm the match, other appropriate action may required. USCIS personnel must then document the hit, include statement the Resolution Memorandum other memoranda, required, explaining the inconclusive nature the match determination, the actions taken resolve the hit, and refer the case the appropriate unit field office confirm the match. USCIS personnel are still unable confirm the match, refer the case through the chain command. Resolve Concern Resolution may require variety activities completed the BCU

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Overview  Deconfliction the coordination between USCIS and another  
Background Check Process (continued)  governmental agency record owner ensure that planned adjudicative activities (e.g., interview, request for evidence, site visit, decision grant deny, issue NTA, and the timing such) not compromise impede ongoing investigation other record owner interest. Document the Resolution  
Each hit requires documentation the BCU DACA Team member any resolution. Review the specific information for each background and security check for more information documenting the resolution. Adjudication Once the NS/EPS/other criminal concern has been resolved, the BCU DACA ISO should proceed with adjudication.  

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Officers must determine whether the result security check relates the 
(continued) subject does not relate (DNR). Officers review and resolve security checks and complete the background checks. For 

procedures, search criteria and best practices, refer the current NaBISCOP policy. 

The following items, present, must reviewed the DACA A-file for name and DOB combinations and aliases, 

Form I-821D;
 Form I-765; 
All supporting documents; and
 Any other documents the A-file relating the DACA request
 including, but not limited the following:
 
 
Passports; 

 
Visas; 

 
Border Crossing Cards (BCC); 

 
Forms I-94; 

 
Birth Certificates; 

 
Marriage Certificates; 

 
Divorce Decrees; 

 
Diplomas/Academic Transcripts; 

 
Student Identification Cards; 

 
Military Identification Cards; 

 
Drivers Licenses; 

 
Social Security Cards; 

 
Business/Membership Cards; 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
Resolution Memorandum 
The resolution memorandum the formal documentation the reconciliation related hit. This mandatory action that must completed before rendering final adjudicative decision. Before completing the adjudication, the officer should ensure that each resolution memorandum completely resolves the hit. For related hit, separate resolution memorandum must completed for each subject with related hit and each file containing related hit. For procedures and formats for the resolution related hits, refer the current NaBISCOP policy. 
FBI Fingerprint Check 
The FBI Fingerprint Check provides summary information individuals 
administrative criminal record within the United States. The FBI Fingerprint Check conducted through the Integrated Automated Fingerprint Identification System (IAFIS). The IAFIS national fingerprint and criminal history system maintained the FBIs Criminal Justice Information System (CJIS) Division. State, local, and Federal law enforcement agencies submit fingerprints and corresponding administrative criminal history information IAFIS. Participation state and local agencies not mandatory, the FBI Fingerprint check does not contain records from every jurisdiction. The information contained the record obtained using prior fingerprint submissions the FBI related arrests and, some instances, Federal employment, naturalization, military service. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Background and Security Checks, Continued 
FBI Fingerprint Check Procedures 
All individuals filing DACA request will scheduled for biometrics capture (photo, fingerprints, and signature) ASC regardless whether biometrics were captured for the requestor from previous filing with USCIS within the last months. DACA requestors under the age will have the press print captured instead full fingerprints. 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter DACA Overview
 
Filing	 All individuals requesting DACA must file their request individually and satisfy the DACA guidelines their own right; USCIS will not consider deferring removal action individual under DACA based their familial relationship someone who has received DACA. There derivative DACA. 
Commonwealth the Northern Mariana Islands (CNMI) Not Eligible 
Individuals the CNMI are not considered for deferred action for childhood arrivals, because the CNMI did not become part the United States for immigration purposes until November 28, 2009. result, requestors could not establish continuous residence the United States during the 5-year period immediately preceding the Secretarys memorandum and/or entry into the United States before their 16th birthday. Instead, these individuals may request parole case-by-case basis. These requests will considered under the same general guidelines used for DACA, except that the five years continuous residency required will residency the CNMI, not the United States. Requests for consideration deferred action for childhood arrivals received from individuals the CNMI should referred USCIS District (Honolulu District) for case-by-case consideration officers knowledgeable about the unique immigration situation the CNMI. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

DACA Overview, Continued 
Initial DACA complete DACA package must include the following items: Package Form I-821D, Consideration Deferred Action for Childhood Arrivals, properly filed with proper signature. 
Form I-765, Application for Employment Authorization with I-765 WS, properly filed with proper signature, the base filing fee, and the biometric services fee. The fees for Form I-765, and the biometric services fee are not eligible for fee waiver consideration.* 
Evidence identity include date birth, which would establish compliance with the upper and lower age limits. 
Evidence entry prior the requestors 16th birthday. 
Evidence continuous residence since June 15, 2007, the date filing. 
Evidence unlawful status June 15, 2012, admitted expired parole (if paroled). 
Evidence presence the United States June 15, 2012. 
Evidence that any absences from the United States during the required period continuous residence were brief, casual, and innocent absences.	 
Evidence that the requestor currently school, graduated obtained certificate completion from high school, obtained general educational certificate (GED), honorably discharged veteran the Coast Guard U.S. Armed Forces. 

*If the requestor has been determined exempt from the fee. The DACA package must accompanied the exemption approval letter from USCIS Headquarters. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

DACA Overview, Continued 
DACA individual meeting the following guidelines may favorably considered Guidelines for DACA if, under the totality the circumstances, he/she:	 
Was unlawful status June 15, 2012; least years age the date filing, not removal proceedings with final order removal voluntary departure order;	 
Arrived the United States prior reaching his/her 16th birthday;	 
Has continuously resided the United States since June 15, 2007, the time the request for consideration deferred action for childhood arrivals submitted;	 
Was present the United States June 15, 2012; currently school, graduated from high school, obtained general educational certificate (GED), currently enrolled accredited GED program, honorably discharged veteran the Coast Guard U.S. Armed Forces;	 
Was born after June 15, 1981 (i.e., was not age older June 15, 2012);	 
Has not been convicted felony offense, significant misdemeanor offense, three more non-significant misdemeanor offenses; and	 
Does not otherwise pose threat national security public safety. 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator 

Chapter Adjudication The DACA Request Procedural Overview 
Evaluating the 	When evaluating the evidence submitted support request for DACA 
Evidence	 consideration, refer the discussion the different types evidence, the weight given such evidence, and the standards proof, all which are discussed Chapter 
Request for Evidence (RFE) versus Notice Intent Deny (NOID) 
Officers will NOT deny DACA request solely because the DACA requestor failed submit sufficient evidence with the request (unless there sufficient evidence our records support denial). matter policy, officers will issue RFE Notice Intent Deny (NOID). additional evidence needed, issue RFE whenever possible. 
When RFE issued, the response time given shall days. list DACA RFE call-ups and the actual templates can found Appendix 
When NOID issued, the response time given shall days. 
Unobtainable 	After requesting A-file from the FCO, there may occasions when there 
A-files response the file cannot released (e.g., pending interview, etc.).   After three unsuccessful attempts obtain the file from field office via CIS from ICE, adjudicate the DACA filing from the T-file. the A-file with ICE, the center should send three requests via CIS using standard procedures. However, the A-file not received from ICE within the days allowed after the initial request, the centers Records Section should send manifest containing list the A-files requested from ICE the  designated ICE e-mail box that has been created specifically for the DACA workload. 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator System Searches 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met  
Introduction	 Individuals may considered for DACA upon showing that they meet the prescribed guidelines preponderance the evidence.  The evidentiary standards are discussed Chapter additional information needed for DACA consideration, issue RFE.  Appendix has list DACA RFE call ups. 
Identity Acceptable evidence may consist of, but not limited to: passport, birth certificate accompanied some type photo identification, Any national identity document from the requestors country origin bearing the requestors photo and/or fingerprint; 

Any U.S.-government immigration other document bearing the
 requestor's name and photograph (e.g., Employment Authorization
 Documents (EADs), expired visas, drivers licenses, non-driver cards);
 Any school-issued form identification with photo;  
Military identification document with photo;
 Any document that the requestor believes relevant.
 The Matricular Consular other form consular identification issued
 consulate embassy the United States will accepted proof identity. identity not established, then issue RFE DACA 100 call from
 Appendix
 
Age Time the DACA requestor not removal proceedings, does not have final Filing removal order, does not have voluntary departure, he/she age 
older file the DACA request. determine the requestors age the time filing, review the requestors birth certificate other acceptable secondary evidence establishing the requestors date birth. the DACA requestor removal proceedings (including cases that have been administratively closed), which includes having order voluntary departure after proceedings were initiated final order, he/she may under age the time filing the DACA request. 
Regardless whether the DACA requestor removal proceedings not, he/she was born after June 15, 1981 and meets the remaining guidelines the 
Secretarys memorandum.  
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Arrived the United States Prior 16th Birthday 
The Secretarys memorandum states one the guidelines met before individual considered for DACA that he/she arrived the United States prior reaching his/her 16th birthday. determine the date arrival, review the response Part questions through Form I-821D for the date and place initial entry into the United States and status entry. addition, review question Part and the requestors birth certificate other acceptable evidence establishing the requestors date birth. the requestor indicates status response question Form I-821D, but does not provide the I-94# copy the I-94 any other document, such copy his/her passport showing the date initial entry, perform systems check (SQ94/Arrival Departure Information System (ADIS)) validate the date entry, needed. the requestor entered no status response question Form I-821D, the requestor indicates that he/she arrived with status was paroled into the United States, but this cannot validated through systems check, review the totality the evidence submitted establish whether the individual entered before age 16. the totality the evidence does not establish that the requestor arrived the United States before his/her 16th birthday, issue RFE DACA 103 call from Appendix for evidence the date arrival. 
Present the United States June 15, 2012 
The Secretarys memorandum states one the guidelines met before individual may considered for DACA that the individual was present the United States June 15, 2012. determine the requestor was present the United States June 15, 2012, review the responses Part regarding the date entry, status entry and date authorized stay expired, and the responses the questions Part regarding all absences from the United States since June 15, 2007. Review the totality the evidence submitted. The evidentiary standards are discussed Chapter the requestor arrived before June 15, 2007, and there indication any departure and the evidence submitted establishing his/her presence the United States June 15, 2012 credible, then this guideline has been met. given document does not specifically refer June 15, 2012, review the dates all the documentation submitted its totality establish presence the United States that date. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Present the United States June 15, 2012 
(continued) 
The following are examples acceptable evidence establish presence the United States June 15, 2012. This list examples not exhaustive. 

Evidence 
Employment Records 
Receipts, Bills, Letters 
School Records 
Medical Records 

Acceptable Documentation 

Pay stubs;  W-2 Forms; Certification the filing Federal, State, local income tax returns; Letters from employer(s) or, the DACA requestor has been self-employed, letters from banks, and other firms with whom he/she has done business. all these documents, the employees name and the name the requestors employer other 
interested organization must appear the form letter, well relevant dates. Letters from employers must signed the employer and must include the employers contact information. 
Such letters must include: (1) the requestors address(es) the time employment; (2) the exact period(s) employment; (3) period(s) layoff; and (4) brief summary the requestors duties with the company. Rent receipts; Utility bills (gas, electric, telephone, etc.) bearing the requestors name (or family name residing same address) and address; Receipts letters from companies showing the dates during which the requestor received service. Transcripts, letters, report cards, etc., from the school(s) that the requestor attended the United States showing the name school(s) and the period(s) school attendance. Hospital medical records showing medical treatment hospitalization the requestor. Such records should show the name the medical facility physician, well the date(s) the treatment hospitalization. 

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) 
This document FOR OFFICIAL USE ONLY. contains information that may exempt 

from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Present the United States June 15, 2012 
(continued) 
Evidence  Acceptable Documentation  
Memberships  Official records from religious entity the United States confirming the requestors membership attendance the entity, attendance entity events, participation religious ceremony, rite, passage (e.g., baptism, first communion, wedding, etc.). Documentation showing membership community organizations (e.g. Scouts).  
Military  Military records (e.g., Form DD-214, Certificate  
Records  Release Discharge from Active Duty; NGB Form 22, National Guard Report Separation and Record Service; military personnel records; military health records).  
Additional  Additional documents support the requestors claim may  
Documents  include: Money order receipts for money sent out the country;  Passport entries;  Birth certificates children born the United States;  Dated  bank transactions;  Correspondence between the DACA requestor and other persons organizations; U.S. Social Security card; Selective Service card; Automobile license receipts, title, vehicle registration, etc.;  Deeds, mortgages, contracts which the DACA requestor has been party; Tax receipts; Insurance policies, receipts, postmarked letters; and/or Any other relevant document. the totality the evidence does not establish that the requestor was present the United States June 15, 2012, issue RFE DACA 105 call from Appendix for additional evidence. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) 
This document FOR OFFICIAL USE ONLY. contains information that may exempt 

from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Unlawful Immigration Status June 15, 2012 considered for DACA, the requestor demonstrate that he/she was 
unlawful status June 15, 2012. Unlawful status means that the requestors 
lawful immigration status expired before June 15, 2012; he/she entered the United States without inspection before June 15, 2012; paroled into the United States, his/her parole expired, and /she did not  attain any other lawful status parole extension that date. determine whether the requestor was unlawful status June 15, 2012, review the responses Part Form I-821D regarding date entry, status entry, and any date that authorized stay parole expired, such authorized stay parole existed. 
Examples documents that may show the requestors immigration status June 15, 2012 include, but are not limited the following: 

I-94/I-95/I-94W Arrival/Departure Record showing the date the requestors authorized stay expired; the requestor has final order exclusion, deportation, removal issued before June 15, 2012, copy that order and related charging documents, available; INS DHS charging document placing the requestor into deportation, exclusion, removal proceedings; Any other document that relevant show that the requestor lacked lawful immigration status June 15, 2012; Any document relating parole. needed, officers should conduct systems check (i.e., determine record exists) for the DACA requestor that will help establishing his/her unlawful status June 15, 2012. the evidence submitted does not establish that the requestor was unlawful status June 15, 2012, issue RFE DACA 104 call from Appendix for additional evidence. individual who had Temporary Protected Status (TPS) June 15, 2012, will not considered for deferred action for childhood arrivals. 
Not Age Older June 15, 2012 
The Secretarys memorandum provides that one the guidelines met before individual considered for DACA that the individual was not age older June 15, 2012. other words, the DACA requestor was born after June 15, 1981. determine whether the requestor was born after June 15, 1981, review the requestors birth certificate other acceptable secondary evidence establishing the requestors date birth. there evidence establishing the requestors date birth, issue DACA RFE 140 call from Appendix 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Continuous  The individual requesting DACA submit evidence that he/she has  
Residence (CR)  resided continuously the United States since June 15, 2007, earlier, and the present time.  Present time means the date filing. The following  
are examples acceptable evidence continuous residence (CR).  This list examples not exhaustive.  

Evidence  Acceptable Documentation  
Employment  Pay stubs;   
Records  W-2 Forms; Certification the filing Federal, State, local income tax returns; Letters from employer(s) or, the DACA requestor has been self-employed, letters from banks, and other firms with whom he/she has done business. all these documents, the employees name and the name the requestors employer other interested organization appear the form letter, well relevant dates. Letters from employers are signed the employer and are include the employers contact information. Such letters are include: (1) the requestors address(es) the time employment; (2) the exact period(s) employment; (3) period(s) layoff; (4) and brief summary the requestors duties with the company  
Receipts, Bills,  Rent receipts;  
Letters  Utility bills (gas, electric, telephone, etc.) bearing the requestors name (or family name residing same address) and address; Receipts letters from companies showing the dates during which the requestor received service.  
School Records  Transcripts, letters, report cards, etc., from the school(s) that the requestor attended the United States showing; Dated bank transactions;  Correspondence between the name school(s) and the period(s) school attendance.  
Medical  Hospital medical records showing medical treatment  
Records  hospitalization the requestor. Such records are show the name the medical facility physician, well the date(s) the treatment hospitalization.  

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) 
This document FOR OFFICIAL USE ONLY. contains information that may exempt 

from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Continuous Residence (CR) 
(continued) 
Evidence  Acceptable Documentation  
Memberships  Official records from religious entity the United States confirming the requestors membership attendance the entity, attendance entity events, participation religious ceremony, rite, passage (e.g., baptism, first communion, wedding, etc.). Documentation showing membership community organizations (e.g. Scouts).  
Military  Military records (e.g., Form DD-214, Certificate  
Records  Release Discharge from Active Duty; NGB Form 22, National Guard Report Separation and Record Service; military personnel records; military health records).  
Additional  Additional documents support the requestors claim  
Documents  may include: Money order receipts for money sent out the country;  Passport entries;  Birth certificates children born the United States;  Dated bank transactions;  Correspondence between the DACA requestor and other persons organizations; U.S. Social Security card;  Selective Service card; Automobile license receipts, title, vehicle registration, etc.;  Deeds, mortgages, contracts which the DACA requestor has been party; Tax receipts; Insurance policies, receipts, postmarked letters; and/or Any other relevant document.  

Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) 
This document FOR OFFICIAL USE ONLY. contains information that may exempt 

from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Brief, Casual and Innocent (BCI) Absence 
Continued next page brief, casual, and innocent absence from the United States will not interrupt the DACA requestors continuous residence. departure made before August 15, 2012, will not disqualifying the departure was brief, casual, and innocent.  Travel occurring after August 15, 2012, will not considered brief, casual, and innocent, unless removal has been deferred under DACA and advance parole have been granted. the requestor indicated Part the Form I-821D that he/she has been absent before August 15, 2012, review the reason for the absence and any evidence submitted show that was brief, casual, and innocent. 
Examples evidence establishing that absence was brief, casual, and innocent and therefore did not interrupt the requestors continuous residence include, but are not limited to: 

Plane other transportation tickets itinerary showing the travel dates; 
Passport entries; 
Hotel receipts showing the dates the requestor was abroad; 
Evidence the purpose the travel (e.g., the requestor attended 
wedding funeral); 
Copy any advance parole documents; 
Any other relevant/probative evidence that could support brief, 
casual, and innocent absence, that term defined the definitions 
section this SOP. 
Note that departure made while under order voluntary departure deportation, exclusion, removal not brief, casual, and innocent. 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Effect Travel Outside the United States After August 15, 2012 
Travel outside the United States after August 15, 2012 and before the DACA request filed:	 The departure interrupts requestors continuous residence the United States.  The requestor cannot meet the continuous residence guideline for DACA and removal action should not deferred. 
Travel outside the United States while the DACA request pending:	 The departure shall deemed abandonment the DACA 
request; therefore, the request will denied for abandonment. Travel outside the United States after removal action has been deferred under DACA, but without advance parole:	 Deferred action under DACA terminated automatically. 

CR/BCI Not not met, issue the following RFE DACA 101 call from Met Appendix documentation submitted show that departure was brief, casual, and innocent, the documentation not sufficient, issue the following RFE DACA 102 call from Appendix routine systems checks, documentation submitted with the DACA request, evidence the A-file indicate that departure was made while under order voluntary departure deportation, exclusion, removal, issue Notice Intent Deny (NOID) with the opportunity for the requestor rebut the derogatory information. See Appendix for NOID Template. 
FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Education meet the educational guideline for DACA consideration, DACA requestor may show that he/she currently school, has graduated obtained certificate completion from high school, has obtained General Educational Development (GED) certificate.  Note that evidence enrollment on-line courses acceptable.  When reviewing such evidence, the completeness, credibility, relevance, and sufficiency are germane and take precedence over the electronic medium over which the education was received.  
Each component this guideline discussed more detail below. 
Currently considered currently school, requestor enrolled in: School public private elementary school, junior high middle school, high school, secondary school; education, literacy, career training program (including vocational training English Second Language (ESL) course) that designed lead placement post-secondary education, job training, employment; education program assisting students either obtaining regular high school diploma its recognized equivalent under State law (including certificate completion, certificate attendance, alternate award), passing GED exam other equivalent State-authorized exam; public private college university community college; 

For ease reading, education, literacy, and career training programs will 
referenced collectively alternative educational programs.  When the DACA requestor seeks meet the currently school component the 
educational guideline based enrollment alternative educational 
program, the requestors current enrollment that program preparation for the requestors anticipated subsequent placement postsecondary education, job training, employment (new employment advancement within existing employment).   Evidence such subsequent placement not required. 
Continued next page 

FOR OFFICIAL USE ONLY (FOUO) LAW ENFORCEMENT SENSITIVE (LES) This document FOR OFFICIAL USE ONLY. contains information that may exempt from public release under the Freedom Information Act U.S.C.  552). This document controlled, handled, transmitted, distributed, and disposed accordance with DHS policy relating Sensitive But Unclassified (SBU) information, and not released the public other personnel who not have valid need-to-know basis without prior approval from the originator Determining Guidelines are Met, Continued 
Currently School 
(continued) DACA requestor who enrolled personal enrichment class (such arts and crafts) who enrolled recreational class (such canoeing) not alternative educational program and thus not considered 
currently school for DACA purposes. determining whether enrollment alternative educational program 
meets the currently school component the educational guideline for 
DACA consideration, first, review the documentary evidence provided see whether the alternative educational program education, literacy, career training program (including vocational training and ESL) and whether publicly funded whole part (State, Federal, county, municipal funds.) alternative educational program and receives public funding, further evaluation required. long the information provided the school/program, not necessary RFE for copies the actual funding documents. this information not provided, the RFE should request the information, but not require copies the actual funding documents. literacy program that run non-profit entity, further evaluation required with respect the first part the analysis.  If, however,