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-   -   Deferred action after I left :( (http://dreamact.info/forum/showthread.php?t=28702)

markinson 07-19-2012 01:11 PM

Deferred action after I left :(
 
Hey guys,

First of all i´m so happy that everyone who was in my situation can now have something to look forward to after so many years of waiting! May of last year I had finished college and things were looking bleak...after 10 years of being illegaly in the US it was time for me to leave, so I did that and it has been almost a year since I´ve been in my home country. Looking back, I don´t regret coming here after so many years of anticipation for the DREAM act because i just cound´t support myself and was having a very hard time finding a job in NY given my limitations.

My questions is, is there any hope for someone like me who was eligible for the DREAM act but has since left the country? I will be trying to apply for a new tourist visa very soon so i was thinking maybe I can return to the US and enroll at my university in order to attain a specialization, but in order for that to happen I would need the visa to be approved first, which could be a huge problem of course...

I would be happy enough even if I could just get a tourist visa at this point because I still have family in NY which i miss very much and I could always apply for a work visa later. Im from brazil and stayed in the US from age 14 to 22. What do you guys think my chances are of getting a new tourist visa and returning to the US? Also, is it safer to tell the agent at the embassy that i have never been to the US up to this point? I recently got a new passport (old one had expired for the second time) and it wont have any stamps etc indicating my movement in the US.

Thank you in advance to anyone who might be able to help and best of luck to all!

Dres2011 07-19-2012 01:17 PM

Re: Deferred action after I left :(
 
Currently you have the ten year ban, but then again I have seen people come and go even after they have been living in this country for a number of years.

DreamBaybeh 07-19-2012 01:46 PM

Re: Deferred action after I left :(
 
I don't know man. As far as what to tell the embassy person, I think honesty is the best policy, although in your case it will probably prevent you from getting any kind of visa. You could apply and whatever happens, happens.

On the other hand, there are so many DREAMers who have never left the US and continue to struggle that, would it really be fair for you to leave and come back and have the same opportunities?

Swim19 07-19-2012 01:52 PM

Re: Deferred action after I left :(
 
It also depends on if you were inspected on your way out of the US. Were you fingerprinted? Passport scanned? Handed in an old I-94? In other words is there a record of you leaving US after overstaying your visa?

2Face 07-19-2012 01:53 PM

Re: Deferred action after I left :(
 
Quote:

Originally Posted by Swim19 (Post 267589)
It also depends on if you were inspected on your way out of the US. Were you fingerprinted? Passport scanned? Handed in an old I-94? In other words is there a record of you leaving US after overstaying your visa?

If the answer to that is YES, I believe the OP is not eligible for this policy unfortunately.

Swim19 07-19-2012 02:01 PM

Re: Deferred action after I left :(
 
Quote:

Originally Posted by 2Face (Post 267591)
If the answer to that is YES, I believe the OP is not eligible for this policy unfortunately.

Right. And I also meant it more in regards to being granted a tourist visa than being eligible for this policy.

markinson 07-19-2012 02:44 PM

Re: Deferred action after I left :(
 
Quote:

Originally Posted by Swim19 (Post 267589)
It also depends on if you were inspected on your way out of the US. Were you fingerprinted? Passport scanned? Handed in an old I-94? In other words is there a record of you leaving US after overstaying your visa?


I can definitely say that I wasn´t fingerprinted or handed back an old I-94 when I left, but not a 100% on whether or not the passport was scanned, but I´m pretty sure it was not. At the time I left my passport was expired actually... Like I said, at this point I would be happy just with a tourist visa just to visit my relatives so if anyone has advice on going about that, let me know.

One more thing, as far as the 10 year ban goes, when am I most likely to be deined entrance--at the embassy or dealing with customs at the airport?

Ianus 07-19-2012 02:48 PM

Re: Deferred action after I left :(
 
Quote:

Originally Posted by markinson (Post 267573)
Hey guys,

First of all i´m so happy that everyone who was in my situation can now have something to look forward to after so many years of waiting! May of last year I had finished college and things were looking bleak...after 10 years of being illegaly in the US it was time for me to leave, so I did that and it has been almost a year since I´ve been in my home country.

The 10 year immigration bar is in affect on any visa benefit to the US.The highlighted part in bold has insured you're also not eligible for Dream act relief.The Dream act requires that a person has not been outside the United States for more than 90 days continuously.Deferred action is only for those in the United States so

I have heard of some leaving on Birth certificates or changing their names to avoid the immigration bar......but the result is pretty much the same the Immigration bar still applies and if you gain a visa through such means it is obviously by fraud.

Nexus 07-19-2012 03:04 PM

Re: Deferred action after I left :(
 
Kind of off-topic for markinson, what did you major in and how was the adjustment for you back to Brazil after being in the USA for so long. Have you gotten more opportunities in Brazil because of your USA degree? I know other countries such as Brazil view a degree from the USA as very prestigious.

star293 07-19-2012 03:11 PM

Re: Deferred action after I left :(
 
i feel really bad for people like u who left the country after this policy has been announced D:


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