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DAP Forums > DREAM Act > The Lounge

"Lawful presence" FAQ update & questions

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#1
01-18-2013, 08:16 PM
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gabinoln
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So today if you guys have checked in the DACA FAQ in the uscis website it states that we might not have lawful status but that we are lawfully present. What exactly does this mean? I've heard it pertains to DACA approvals being denied dls, but could it also mean since we have lawful presence we could apply to FAFSA? I'd like to hear your thoughts.
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#2
01-18-2013, 08:25 PM
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nesto90
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DACA gives us legal presence because the government is deferring our removal process, but we still need something to survive on so we can have employment authorization. In regards to FAFSA the only non-citizens that qualify for federal aid are permanent residents, asylum, parole, or tps. No having lawful status is what states are using to deny DLs because they are confusing it with presence.

At least that is my interpretation
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#3
01-18-2013, 08:58 PM
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Pianoswithoutfaith
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DACA does not grant lawful/legal status. You are as illegal as the day before you were granted DACA. Because of this you ste not eligible for AnY federal benefits. However you have been granted legal/ presence for 2 years and at most you are eligible for a SSN and State ID/DL. Status and presence is what's confusing a lot of people but they ate very different. Our status is illegal with a 2 year lawful presence because we won't be deported for at least 2 years. Once those years pass assuming you don't qualify or don't reapplying again, you lose your protected lawful presence and remain with a illegal status as you were before.



Lots of people are thinking that because we have a lawful presence we can applying for benefits that require lawful status because they don't know the difference between status and presence.
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#4
01-18-2013, 10:02 PM
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gabinoln
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Great info, cleared things up a bit.
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#5
01-19-2013, 12:01 AM
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smichyx
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Quote:
Originally Posted by Pianoswithoutfaith View Post
DACA does not grant lawful/legal status. You are as illegal as the day before you were granted DACA. Because of this you ste not eligible for AnY federal benefits. However you have been granted legal/ presence for 2 years and at most you are eligible for a SSN and State ID/DL. Status and presence is what's confusing a lot of people but they ate very different. Our status is illegal with a 2 year lawful presence because we won't be deported for at least 2 years. Once those years pass assuming you don't qualify or don't reapplying again, you lose your protected lawful presence and remain with a illegal status as you were before.



Lots of people are thinking that because we have a lawful presence we can applying for benefits that require lawful status because they don't know the difference between status and presence.
THIS makes so much more sense. Thank you for clarifying. I finally understand it.

Also, breaking news!
http://www.aclu.org/blog/immigrants-...dreamers-drive
__________________
App Sent: 9/5/12 (with attorney) | DACA approval: 11/7/12 |EAD: 11/9/12
"It's a new dawn, it's a new day, it's a new life for me and I'm feeling good."
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