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July 10

DACA Recipients With 3 Year EADs Must Return EAD by 7/17/15

USCIS sent a letter to DACA recipients who have not returned their three-year Employment Authorization Document (EAD), stating “USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization.”

On July 7, 2015, Judge Hanen in the Texas v. United States litigation issued an Order setting a hearing for August 19, 2015, to discuss the 2,000 three-year EADs that were issued.

The Order states:

…this Court expects the Government to be in full compliance with this Court’s injunction. Compliance as to just those aliens living in the Plaintiff States is not full compliance…

Here is the full letter:

Reminder letter to individuals who have not returned their 3-year EAD. [letter 9]

Dear DACA Recipient,

USCIS records show that you were instructed to return an Employment Authorization Document (EAD) with a validity period of longer than two years and have not done so. This EAD is no longer valid. You were recently issued a new 2-year EAD. This new 2-year EAD replaced your invalid EAD.

You must IMMEDIATELY RETURN the previous EAD that is now invalid. USCIS must  receive your EAD by July 17, 2015. Failure to return the invalid EAD without good cause (see below) may affect your deferred action and employment authorization.

You may also have received a Form I-765 (Application for Employment Authorization) approval notice and/or a Form I-821D (Consideration of Deferred Action for Childhood Arrivals) approval notice with a validity period greater than two years. Any approval notice with a period of longer than two years should also be returned.

Please send the documents along with a copy of this letter in the enclosed postage-paid envelope

to:

[Insert Service Center Address]

Do NOT return your new 2-year EAD. Recipients of this letter who need additional information or wish to speak with a Customer Service Representative, may call our National Customer Service Center at 1-800-375-5283 and select Option #8. USCIS may also take additional actions to contact you.

If your EAD with a validity period of longer than 2 years is no longer in your possession, please sign and certify below that you have good cause for your not possessing any such EAD, and then return this signed letter in the enclosed postage-paid envelope to the address listed above.

Reminder letter to individuals who have not returned their 3-year EAD. [letter 9]

The reason for this action is that, after a court order in Texas v. United States, No. B-14-254 (S.D. Tex.), USCIS approves deferred action requests and related employment authorization applications based upon DACA only for 2-year periods.

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