Renewal applications for Deferred Action for Childhood Arrivals (and subsequent employment authorization) is facing a massive backlog especially at the Nebraska Service Center for USCIS. This delay effects the applications submitted between Feb and May of this year.
Now what?
First make sure it's been at least 105 days since you filed your application, AND, you haven't received any concrete correspondence from USCIS, other than notice stating your application has been received (with correct fees), biometrics appointment, etc. (the administration stuff). In this case, read on.
What an applicant should / could do?
The bad news is that there is not much an applicant can do. Let's go through available options for some unnerved souls:
1. Check case status online using your receipt number(s). Watch out for the updates frequently although USCIS doesn't provide information for minor progress. When a decision is made, however, status will be updated. Expect an official notice in your mail within couple of days after that.
2. Representatives reached through USCIS National Customer Service Number (1-800-375-5283) won't allow the applicant to raise a ticket because there is an official backlog notice from USCIS. In other words, USCIS has already acknowledged the delay and hence don't want thousands of applicants raising tickets. But give them a call - maybe you will get lucky and they will raise a ticket (which in turn will not really do much) or give you some useful updates (highly unlikely).
3. Issuing a formal complaint with DHS Ombudsman Office will most likely not yield any better results either. You should still formally issue your complaint (by clicking here) because it will ensure your concern is formally recorded and you get a platform to provide a legitimate reason for your desperation. You may or may not hear back from them. Before you submit a complaint, make sure it's been at least 105 days since you filed your application, and that USCIS is not awaiting a response from you.
4. Prepare for the worst case scenario - i.e. expiration of your employment authorization and accrual of unlawful presence. Have a serious discussion (immediately!) with your employer surrounding the rehiring procedure once you receive a renewal. Once your employment authorization expires and you haven't received your renewal, your employment will be terminated and you will NOT be able to work (including work without pay to not disrupt your assignment). However, you might be able to get some sort of temporary suspension or leave of absence to minimize the impact of your "limbo" period (completely dependent on the employer). Also, during this "limbo" period, your driver's license will be invalid. Therefore, DO NOT drive during this period since it is a serious misdemeanor and that is the last thing you want! Also, DO NOT fly domestically (internationally is out of the question unless you don't want to be readmitted to US!).
5. Hope you receive a decision before your current employment authorization expires :) And last but not the least, DO NOT PANIC. If you do not receive a decision on time, use the time productively - realign yourself, rethink about career, outline next steps, etc. Most likely, you will get it very soon and will be able to get back into the grind immediately!
Could I be deported during the time of unlawful presence?
Yes if you have committed a crime, major felony or multiple major misdemeanors. If none of that applies to you, don't sweat it.
Do not hesitate to reach out if you have any further questions / concerns about this subject.
Now what?
First make sure it's been at least 105 days since you filed your application, AND, you haven't received any concrete correspondence from USCIS, other than notice stating your application has been received (with correct fees), biometrics appointment, etc. (the administration stuff). In this case, read on.
What an applicant should / could do?
The bad news is that there is not much an applicant can do. Let's go through available options for some unnerved souls:
1. Check case status online using your receipt number(s). Watch out for the updates frequently although USCIS doesn't provide information for minor progress. When a decision is made, however, status will be updated. Expect an official notice in your mail within couple of days after that.
2. Representatives reached through USCIS National Customer Service Number (1-800-375-5283) won't allow the applicant to raise a ticket because there is an official backlog notice from USCIS. In other words, USCIS has already acknowledged the delay and hence don't want thousands of applicants raising tickets. But give them a call - maybe you will get lucky and they will raise a ticket (which in turn will not really do much) or give you some useful updates (highly unlikely).
3. Issuing a formal complaint with DHS Ombudsman Office will most likely not yield any better results either. You should still formally issue your complaint (by clicking here) because it will ensure your concern is formally recorded and you get a platform to provide a legitimate reason for your desperation. You may or may not hear back from them. Before you submit a complaint, make sure it's been at least 105 days since you filed your application, and that USCIS is not awaiting a response from you.
4. Prepare for the worst case scenario - i.e. expiration of your employment authorization and accrual of unlawful presence. Have a serious discussion (immediately!) with your employer surrounding the rehiring procedure once you receive a renewal. Once your employment authorization expires and you haven't received your renewal, your employment will be terminated and you will NOT be able to work (including work without pay to not disrupt your assignment). However, you might be able to get some sort of temporary suspension or leave of absence to minimize the impact of your "limbo" period (completely dependent on the employer). Also, during this "limbo" period, your driver's license will be invalid. Therefore, DO NOT drive during this period since it is a serious misdemeanor and that is the last thing you want! Also, DO NOT fly domestically (internationally is out of the question unless you don't want to be readmitted to US!).
5. Hope you receive a decision before your current employment authorization expires :) And last but not the least, DO NOT PANIC. If you do not receive a decision on time, use the time productively - realign yourself, rethink about career, outline next steps, etc. Most likely, you will get it very soon and will be able to get back into the grind immediately!
Could I be deported during the time of unlawful presence?
Yes if you have committed a crime, major felony or multiple major misdemeanors. If none of that applies to you, don't sweat it.
Do not hesitate to reach out if you have any further questions / concerns about this subject.
