DACA Fraud?

Ok, so here is the story I know a guy, he is 28 yrs old, he is enroll in the GED program, *he can prove he was here from 2007 to present. He *was brought here in 1992, So you might still be wondering where is the fraud? Well from my point of view it kinda is... Here is the thing his dad took him back to mexico 2 years later and he spent the rest of his childhood/teenager over there, then he reenter (EWI) at age 23!!!! He says he wants to apply and see what happens. I told him, worst case scenerio you get deported. Regardless he seems hopeful and wants to hire a lawyer. I dont think its a good Idea cause a lawyer might just want to rip him off. I didnt want to be rude and just tell him dont apply cause then he'll think im being greety.** I know that us Dreamers who have been here and can prove it in everysingle way have this great opportunity that many others wish they had and unfortunately tried to get in the system any way possible. Final advise was just waited out and see what next year brings as to a CIR. was I wrong for shattering his dream in a way?*

When he came in the first time...was he overstay or EWI ? If he doesn't have documents to prove that he was here before the age of 16, he's not going to be able to make the cut. He's going to have to have documents to show continuous presence not only from 2007 to 2012 but from the minute he entered this country the first time which I doubt he mmight have. I'm really not sure about this. Lets see if other EWI applicants on here can weigh in.

He was EWI

He was 8 when he arrived in 1992. He left in 1994 when he was 10 and came back 13 years later in 2007 when he was 23. Does he have proof to show he was in the country between 1994 and 2007? Like I said, I'm really not sure if he is eligible or no. This case definitely needs a lawyer. From what I remember, the "significant" time out from the country refers to the period between 2007-Present.

Thats what i thought too. Im not sure if he qualifies because he has NO evidence from those years whatsoever because he was in mexico. He said he could get evidence from 92-94 and from 07-present but not in between. He also said that when he came back in 2007 he had no contact with Border Patrol so no issue there. Hopefully a lawyer can clear this out for him.

I think he can make it .. give him a chance he only wants a better life .

I don't think he would qualify at all seeing as there was an obvious gap.

Would he really be deported or just denied?

We all Do.

I think that too. Only because what if the agent revising his documents ask for time in between? He wouldnt be able to provide it. Althought I have seen ppl only getting RFE for time period 2007-present. Like him Im sure there is others so hopefully uscis would be more specific as to this cases.

According to uscis fineprint, Yes.
-Directly from uscis.gov-

If USCIS Does Not Exercise Deferred Action in Your Case

If USCIS decides not to defer action in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.

USCIS will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). Your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more detailed information on the applicable NTA policy visit www.uscis.gov/NTA.