A recent, informal survey among the immigration bar reveals that many long-pending (more than six months) DACA cases involved one or more of the following circumstances:
- The requestor had a criminal history – numerous cases involved DUI-related incidents, juvenile adjudications, gang issues, and drug and theft offenses;
- The requestor attended an online school or was homeschooled;
- The requestor had previously been in removal proceedings or was in removal proceedings at the time of the DACA request;
- The requestor had a petition or an application for other relief pending;
- The requestor departed the United States for a considerable period of time either during or prior to the continuous residence period;
- The requestor provided what the attorney considered to be a small amount of evidence to support either continuous residence during the relevant period or physical presence on June 15, 2012.
If any of these factors apply to your case, this may explain the longer processing times, even though these factors may not reflect official USCIS policy decisions or adjudication trends. Cases pending for a year or more can been elevated to the USCIS Ombudsman’s Office for assistance.