A friend's situation - Page 3

On she came on a visa? That changes everything. I would not suggest her to apply

Unfortunately I think she would be issued a NOID, but life is risky so she should at least give it a try if she doesn't have a criminal record.

honestly, does she have $465 she could spare?
In her situation, I would just apply and see what happens. You just never know and you shouldn't listen to people who THINK they know anything. I don't think she has anything to lose (other than the money lol) because they said they wont deport anyone who applies and doesn't qualify, unless they have a criminal background.
I know someone who entered at age 16 and a few months, and he applied anyways. The rules regarding certain things are not completely clear yet, so you never know and will only find out if you try.
good luck!

Well, Like in my case. I have done elementary, middle school, and high school. At the beginning of high school I had a brief absence during the summer because my grandpa died. My bros are US citizens and I speak English w/o an accent. Before September 11, 2001 it was relatively easy to cross the line in California walking or with a car. So, my mom took me and my two brothers for a couple of weeks to go to my grandpas funeral and wake (velorio). However, It was the summer. But, I did not miss any high school or anything. So, my absence is not reflected in my transcripts. If I was in school we probably wouldn't have left. After this I have not left. I have completed college and working on my M.A.

That is why I am not worried.

Yeah she should YOLO it what's the worse than happened? USCIS already having details of her? Hey for all we know is a future Dream ACT ( if any) will have a requirment of intial entry of 17 and 18

I think people have been asking for 17, but the original had a entrance age of 12. I think it is just a YOLO situation too. If she has the $465 to spare.

One thing is certain she will need concrete evidence

Well I'm not sure if she went to school for those 6 months but she mentioned that she has medical records and a few other paperwork that proves she was hanging around for that 6 months at the age of 14, I have to double check if she attended any classes of some sort. But anyway, she does not have a criminal record at all, and the only reason she was afraid to just apply anyway and see what happens is because she has her 3 year old son and she is afraid of getting deported :/ lol. Obviously uscis has her information about both entrances. She mentioned she was fingerprinted and had an eye scan as well. So yeah.... Complicated but I will let her know of the other special cases that Applied anyway and see if she wants to give it a try.

Also I would like to add that she does have continuous presence from 2007-2012, her biggest concern is whether they would count her first entrance at the age of 14 or if they will only count the entrance at the age of 17 and disqualify her. It is definitely a risk but if well explained like some of you have said, and use the argument of being a minor ... She might have a chance. I will bring this up to her... Thanks for that well made point

It does... It counts. I say this because if you look at the 821D application, it asks for the day of INITIAL ENTRY. The I-765 asks for the LAST ENTRY, and since 821D is the one that would grant her DACA, I think she's fine to apply. The continuous residence has to be proven from June 15, 2007 onwards and absolutely no exits since June 15, 2012.

If all I've said sounds like your friend, then she's completely eligible. But if she's worried, then she most certainly can ask a lawyer or use community based help.

DId she come here before June 15, 2007 the last time?