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DAP Forums > DREAM Act > The Lounge

Question about the Age qualification - Page 2

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#11
10-01-2012, 11:32 PM
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Quote:
Originally Posted by carnivore View Post
ever heard of "continuous presence"?

if you've got $465 to spare then try your luck. just don't lie about it, or else it is fraud.
You mean Continuous Residence, that is only for the past 5 years. Even if you left the U.S. in the past 5 years, you can still qualify as long as it was a short exit and you didn't break any laws.

He entered the U.S. at the age of 15, so he might be able to qualify.

Talk to a lawyer OP.
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Last edited by JJ Glo; 10-01-2012 at 11:34 PM..
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#12
10-01-2012, 11:33 PM
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Quote:
Originally Posted by JJ Glo View Post
You mean Continuous Residence, that is only for the past 5 years. Even if you left the U.S. in the past 5 years, you can still qualify as long as it was a short exit and you didn't break any laws.

He entered the U.S. at the age of 15, so he might be able to qualify.
hmmm. talk to a lawyer OP.
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#13
10-01-2012, 11:46 PM
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Definitely speak to a lawyer, but it sounds to me that it is possible you would qualify. You'd definetely need concrete evidence that you entered before age 16, and since you said you entered legally, hopefully you still have your passport with a visa stamp in it.
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Last edited by Swim19; 10-01-2012 at 11:49 PM..
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#14
10-01-2012, 11:59 PM
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I do still have my passport with the stamp proving my initial entrance when I was 15 years old.

Does anyone know of a true pro-bono lawyer in the Phoenix area that is familiar with DACA laws? I just can't afford a lawyer fee at this time.

The ones that I have spoken to just read the rules for DACA word for word for free but wanted to charge me for specifics. I'm on a tight budget.
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#15
10-02-2012, 01:01 AM
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You came at 15 but left for a year. They said they will only accept brief departures. Not being present in the U.S for one year is not brief. You do have another problem, you are not EWI where you can lie about it, you came with a visa which is on the record. You can talk a lawyer, but in my opinion you would just be wasting your time. Go find a wife.
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#16
10-02-2012, 01:11 AM
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Quote:
Originally Posted by tf2legend View Post
You came at 15 but left for a year. They said they will only accept brief departures. Not being present in the U.S for one year is not brief. You do have another problem, you are not EWI where you can lie about it, you came with a visa which is on the record. You can talk a lawyer, but in my opinion you would just be wasting your time. Go find a wife.
The continuous presence only applies to the last 5 years!!!!! If you can't afford a lawyer i would try a free legal clinic. But i really do think you qualify, so you should really speak to a lawyer or get a gringa pregnant lol
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#17
10-02-2012, 01:12 AM
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Whwt ever you do don't lie. Fraud = ICE
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#18
10-02-2012, 01:15 AM
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Quote:
Originally Posted by maxspeed017 View Post
The continuous presence only applies to the last 5 years!!!!! If you can't afford a lawyer i would try a free legal clinic. But i really do think you qualify, so you should really speak to a lawyer or get a gringa pregnant lol
I'm not talking about the CONTINUOUS PRESENCE. That is not the only requirement for DACA. It is very clearly stated on the USCIS website that they will only allow very brief departures. One year is not brief. Again, in order to qualify for this process you must satisfy all of the requirements.
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#19
10-02-2012, 01:29 AM
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Hmm like everyone else is saying I would definately try to speak with someone at one of those clinics or maybe search for a forum that has immigration lawyers on it to se what type of advise you get. My fear for you is that you could qualify but don't try or that you get some lawyer that just wants to take your money and give you false hope.

Although it does say brief departures since they do not put anything specific about what that would actually mean I can't really say that the Op wouldn't still qualify. Especially if you factor in that he's underage at the time with no control over entering or leaving. I'm only speculating of course but maybe the length of time away could be forgiven for humanitarian reasons like illness or death of a close relative.

Either way its better to try and fail then to never know. Speak to someone knowledgeable , if you go the lawyer route try to find someone reputable and get all your evidence together .
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#20
10-02-2012, 02:11 AM
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It sucks
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