Please help! Do I qualify for daca?
 

Hello everyone, I will try to explainby my story as brief as possible.
I came here (US) when I was 12 years old, left the country when I turned 15 (by air)
And came back (by feet) when I already was 16. Since then I've been living here permanently. The only evidence that i dont have is is that I turned 16 in the US. Everything else I have but I prob turned 16 in out of this country. I'm 24 and I've been living here since my last entry in lates 2003.

What would you recommend me to do?
I have a clean record.

Please help me!

Re: Please help! Do I qualify for daca?
 

You can apply, all decisions are made in a case by case basis.

How many months were you out of the country for?

Re: Please help! Do I qualify for daca?
 

Honestly I was out for about 8 months.

Re: Please help! Do I qualify for daca?
 

None of us here are practicing attorneys. You should consult a lawyer or go to an information session to learn more about DACA. Chances are that if you cant determine eligibility based on the rules on the official uscis webpage, then you need to speak to someone who can help you with the filing process.

Think of us as those who can help you answer minor questions about what to put on a section of the application, what new information came out regarding daca/cir. People can mislead you on here, so play it safe. If you need to learn more about what people submitted for proof, there are official threads on here for it.

Were you 15 when you came back to the US? Strict interpretation of the rules show that you must have entered BEFORE 16, so 15 and under. Do you have a high school transcript that covers the year you turned 16? Anyways, my advice is speak to an immigration attorney.

Re: Please help! Do I qualify for daca?
 

Yeah speak to an attorney about this.



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Re: Please help! Do I qualify for daca?
 

I do have highschool transcript but I do not see anything a month or close date to when I turned 16 :(

Re: Please help! Do I qualify for daca?
 

I have spoke to different attorneys and its sad that no one can help me. My wife is an American citizen and we been married for about six years already. We met in high school :)
Either with her I cannot fix anything because they said I came twice illegally to this country and if I want to try I will have to leave the country for about ten years. ( period )

So that's why my last resource is to try applying for DACA, but it seems to be another problem too.
I could always lie but I really would like to do things strictly in the right way.

I'm just stuck.

Re: Please help! Do I qualify for daca?
 

Yeah since DACA kinda "forgives" our initial entry and thats why so many here want to apply for AP because rentry with AP would be legal entry and make adjusting a lot simpler. However, even with DACA you would be forgiven one entry but still would have another. And what do you mean no on can help you have you told them about DACA?

Re: Please help! Do I qualify for daca?
 

Requirements:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday; (this point is very very vague, you can argue that you originally came in fact before turning 16)
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

I guess you can try. You can argue that you did in fact originally came to US before reaching your 16th birthday (if the "trip" was less than 3 months you can argue continuous presence since when you came while you were 12). You did EWI prior to June 15 2012, and you have lived in US continuously since June 15th 2007.

There is no explicit requirement for the last arrival in US being before turning 16, there is no requirement for continuous presence before June 15 2007. I also looked over the I-821D form, they do not ask for continuous presence before June 15 2007.

If it were me I would attach a small letter explaining why you believe that you are eligible. They may reject you one way or another. They will not send your case to ICE unless you are denied for criminal reasons.

Also make sure to attach plenty of evidence for 2007-2012 (bank statements, school/college records/bills/etc).

Re: Please help! Do I qualify for daca?
 

Telling a dreamer to lie to USCIS is probably one of the worst decisions you can make in life. They don't take false story lightly. Be honest with them. I read somewhere in this forum, someone has a similar condition and was approved. But he only left for several weeks.