I think i'ts beneficial for us to band together in the hopes that we can make a little noise if we are denied/deported - despite being qualified. I'm wondering just how many people who seem qualified will be denied for reasons only USCIS will ever know. By relaying my experience with two attorneys with differing views on DACA I'm hoping to connect with others in a similar situation as mine.

The first attorney made applying for DACA seem like a no brainer, and something that should be done immediately, since I'm fully qualified. She seemed to brush aside the question of evidence of continual presence as if USCIS would cut you some slack. She almost had me when she assured me I had nothing to fear - even though I'm subject to a removal order - because I wouldn't be referred to ICE without a criminal record. I've been dealing with immigration since I was 13 years old (27 now) and I've learned to always expect the worst when dealing with immigration.

Attorney number two told me what I was afraid of. First, he told me financial records would not be sufficient to prove continual presence because transactions can be initiated from anywhere. Also, affidavits by anyone close to you would be, practically, disregarded because USCIS assumes they'd say anything to keep you in the country. The most sobering thing about our conversation was being told that, given my immigration history, i was leaving myself completely vulnerable to deportation if USCIS denied my application; as we know, it is in their discretion whether to refer you to ICE or not and they're not necessarily bound by any laws with this process.

One attorney told me what I want to hear, the other told me what I expected to hear. I'm hoping that there's someone out there, with a prior immigration record, who's planning to, or has already filed for DACA. Also, if you're relying on bank statements, ebay/paypal transactions, being claimed as a dependent on parent's tax returns, and affidavits from family as your primary evidence for continual presence, I'd be really interested in seeing how things went.