No Waivers Unless
Number of Pages:10
Date Created:May 30, 2013
Date Uploaded to the Library:February 20, 2014
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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 USCIS, OHS Holtsville, (b)(6) 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 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: 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 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 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 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 Necessity 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.