- To comply with the court order, USCIS is retracting three-year EADs for people who fall under three categories: 1) Individuals who received a DACA approval notice and an EAD card after February 16, 2015; 2) Individuals who received their DACA approval notice before February 16 but whose EAD card was issued after February 16; and 3) Individuals whose DACA was approved and EAD mailed before February 16, but whose EAD was returned to USCIS as undeliverable and re-mailed after February 16. Note that these EADs may show an approval date from before February 16, but still must be returned because they were not received until afterward.
- USCIS reports that about 1,300 people nationally, including about 150 people in Chicago, have yet to return their three-year EADs.
What to know if you receive a letter or home visit from USCIS:
- Upon collecting an individual’s three-year EAD card, USCIS will provide a receipt and issue a new two-year EAD. USCIS has stated that everyone should receive a replacement two-year EAD by mail within a week.
- Individuals who do not comply with USCIS requests to return three-year EADs will have their DACA benefits terminated on July 31, 2015.
- NIJC recommends that individuals who receive or have received letters from USCIS requesting they return their three-year EADs do so in person at their nearest USCIS office, not by mail, due to the short deadlines USCIS has set for retrieving the documents.
- USCIS has assured legal service providers and immigrant advocates that immigration officers’ questions during home visits should be restricted to locating individuals with outstanding three-year EADs and retrieving those EADs. Individuals and families have a right to decline to answer any questions that go beyond these topics.