One question about DACA

Guys if you been deported, volunteer deported and came back to the US, I'm sure it supposed to be in the system right? Well the question is if any of those apply to you, Are you eligible for daca? Even if you been deported or volunteer deported back then?

With this administration, you will get deported.

https://www.visalawyerblog.com/2014/...cutive-action/

I was asking this because I'm about to adjust status for immediate relative (my wife is a us citizen) and Im waiting for my foia to see if i have something. Back then in 2004 i was sent to mexico when i was a kid but technically they just told us to leave and I still had my visa with (border crossing card) and it expired in 2012. Came back legally with that visa and now after 12 years I just got married and about to adjust status. My sister got daca like 4 years so if she got daca then she didn't have "deportation or order removal" from 2004 ?

Who told you to leave? Immigration? I believe if you were deported and you re-enter the U.S there will be an issue. I believe you would be considered inadmissible, even if you were a kid. The 10 year ban and 3 year bans do not apply to children but if you were ordered deported and came back then the permanent ban applies.

Now if you left with no record and came back with the visa and you were successfully admitted then I think you are fine.

I am not 100% sure but I believe it is the case at least from what I have read.


Some cases of parents of USC who had border crossing cards who overstayed and then re entered with the same visa but we're never deported, their last entry was the one that counted for AOS. They had the 10 year ban but it had expired since it had been more than 10 years there last reented. They were not permanently banned because they were never ordered deported.

I don't really remember but if we were deported my sister wouldn't have gotten daca right? I came back with the visa laser which at that time it still had a long time to be expired. The CBP official saw it and waved me in. That's with inspection. My only option is to wait for the foia right? My sister asked for it and they said no records found? :/

Even if you were deported DACA would have been granted.

The best thing to do is to wait for the answer from the fioa. Assuming you were never ordered deported and you came in inspected I believe you will be fine. I am not an expert however and you should follow legal advise from your lawyer.

Thank you guys for the answers. 3 lawyers already told me to go ahead with it but I'm making sure even through here because to be honest I don't really trust lawyers. The answer is what should i do then? Wait for the foia? And also does the foia also say if the visa was cancelled,revoked or expired?

Dude, If you came back with a visa then you did not re enter illegally after been deported. Therefore you are admissible. Maybe thats why lawyers are telling you to go ahead.

True that. Thats one fact i came here legally and I'm taking care of my visa laser like if its gold lol.