The American Immigration Lawyers Association (“AILA”), is conducting a survey of long pending DACA cases, some pending over one year, and many thousands pending longer that 8 months. The survey has discovered some common elements in long pending cases:
- The requestor had a criminal history — numerous cases involved drinking and driving 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 another 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; or
- The requestor provided a small amount of evidence to support either continuous residence during the relevant period or physical presence on June 15, 2012.