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DAP Forums > DREAM Act > The Lounge

A friend's situation

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#1
12-01-2012, 02:05 PM
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Hi guys, I just had a quick question....

A friend of mine doesn't quite know whether she is eligible for DACA or not. Here is her story:

She came to the US with a visa at the age of 14, then i guess she stayed the 6 months allowed, in which case she turned 15 at that point and went back to her home country.... She then re-entered again with her visa at the age of 17 ... So she had a 2 year absence and now she doesn't know if she qualifies anymore. She has been here ever since the second entry and has gone to school here and everything else. She has proof of original entry at the age of 14 and stuff but the fact that she left for two years and entered again after the Age of 16 kind of throws things off.

So... Do you guys think that she doesn't qualify anymore? Thanks in advance for your responses!!!
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Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#2
12-01-2012, 02:07 PM
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I don't think so :/
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#3
12-01-2012, 02:10 PM
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She would need to ask an immigration attorney this question. The fact that she left legally then came back legally after 16 years old might disqualify her since she didn't stay on her initial entry of 14.
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Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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#4
12-01-2012, 02:11 PM
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Aww poor thing, she wanted to apply so badly because she has a 3 year old USC son to provide for :/ I feel so bad for her. X.x I was hoping you guys would enlighten us with some possible miracle way hahahaha oh well.
__________________
Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#5
12-01-2012, 02:13 PM
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Either way, she should call or visit an immigration attorney for their opinion.
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Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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#6
12-01-2012, 02:13 PM
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Quote:
Originally Posted by JJ Glo View Post
She would need to ask an immigration attorney this question. The fact that she left legally then came back legally after 16 years old might disqualify her since she didn't stay on her initial entry of 14.
Yeah she consulted with an attorney and he told her that same thing. But she was hoping that he just didn't know what he was talking about hmm.
__________________
Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#7
12-01-2012, 02:15 PM
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Yeah, I don't think she qualifies. There is someone in this forum that entered at 15, then left and came back at 18. He applied, but who knows what will happen with his case.
__________________
Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
Last edited by JJ Glo; 12-01-2012 at 02:19 PM..
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#8
12-01-2012, 02:16 PM
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She started being illegal after the age of 17. I believe DACA only applies to those who accrue illegal status before the age of 16.
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Approved: 11/10/2012
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#9
12-01-2012, 02:26 PM
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I see. Okay guys thank you for All your answers! :/ I guess I will have to break the bad news to her.
__________________
Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#10
12-01-2012, 02:30 PM
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Quote:
Originally Posted by sans View Post
She started being illegal after the age of 17. I believe DACA only applies to those who accrue illegal status before the age of 16.
I agree with this statement but At the same time I was just wondering, on the official uscis website it says that we are allowed to have left the country as long as it was for a short period and I forget what else... But anyway, how would one leave for a short period and then return without having a valid visa or something? Yeah I guess that could mean EWI back in but do you think that's what they really meant ? O.o just wondering....
__________________
Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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