View Single Post
#9
12-24-2012, 03:52 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
Quote:
Originally Posted by Xav View Post
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!
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).
__________________
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; 12-24-2012 at 04:09 PM..
Post your reply or quote more messages.