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Judicial Watch • No Waivers Unless

No Waivers Unless

No Waivers Unless

Page 1: No Waivers Unless


Number of Pages:10

Date Created:May 30, 2013

Date Uploaded to the Library:February 20, 2014

Tags:requestor, bounced, sufficient, Burlington, checks, Chapter, safety, Continued, check, payment, finance, action, notice, review, service, security, National, request, records, funds, EPA, ICE, CIA

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Metaxas, Penny  
From:  Paoli, James  
Sent:  Thursday, July 26, 2012 11:04  
To:  Houghton, Timothy Cinotti, Brenda; Metaxas. Penny  
Subject: Fee Waivers for deffered Action  

Fee 465, waivers! 
James Paoli, Associate Counsel Northeast Region 
Holtsville, (b)(6) 

 National Standard Operating Procedures (SOP) 
Deferred Action for Childhood Arrivals 
(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 

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  

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 

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:  

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 

Funds (NSF) 

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: 

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 

Funds (NSF) 

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: 
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) 
Date Rejected 
Debtors Name (Optional) 
Place this memo the top the right side the DACA A-file. 
Continued next page 

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. Economic Necessity 
Reviewing EAD based grant deferred action requires showing economic Economic necessity. facilitate this economic necessity review, separate worksheet 
was created, Form I-765WS. streamline adjudication the DACA request and the I-765, officers will review the I-765WS during the adjudication Form I-821D.  During file set-up, the I-765WS will put ROP order immediately behind the Form I-821D. Form I-765WS completely blank missing, issue RFE the I765 (not the Form I-821D) using DACA 180 call from Appendix but only the requestor does not include evidence that fee exemption was granted. The fee exemption will indicated Fee Waiver Granted. officer issues RFE the I-765, he/she should proceed with adjudication the I-821D. When the response the I-765 RFE received and the I-765 approved, the expiration date the EAD should not exceed the end date the deferred removal under DACA. the requestor does not respond the I-765 RFE, the I-765 should denied for abandonment; however, the Form I-821D can approved for DACA the guidelines have been met. When denying the Form I765 for abandonment, officers should use the standard abandonment denial used their centers. 
If/when Form I-765WS has been completed, review the information provided regarding current income, assets, and expenses determine whether economic necessity has been established. The requestor may, but need not, include supporting documents with Form I-765WS. 
There general presumption that DACA requestors will need work given their undocumented circumstances and the fact that they are not generally anticipated have independent means. Absent evidence sufficient independent financial resources, the Form I-765WS sufficient establish economic need, without any further economic analysis.