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#6
12-23-2012, 01:56 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
They will or at least should* let you go, work permits are evidence of legal presence in US (ex. pending family/work petition (C9), OPT (C3 A-C) after expiration of student visa, Deferred Action (C14, C33), TPS (A12, A19).

We had people pass through checkpoints with their EADs already. They might ask how you got it, just tell them it's from deferred action for childhood arrivals, they should just wave you through. Carrying the DACA letter isn't necessary, the unique category code (C33) already implies DACA.

* - There were cases of fuckers from ICE even deporting born US citizens.

Also under 8CFR 1.3 (A)(4)(vi) "Aliens currently in deferred action status" are considered to be legally present in the country.

There is the whole argument of presence vs status, but most things really care about legal presence, not status. In order to get a drivers license you need legal presence. In order to be in the country legally you also need legal presence.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
Last edited by Demise; 12-23-2012 at 02:04 PM..
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