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DAP Forums > DREAM Act > The Lounge

IM SAD!! My sister and her husband got DACA DENIED!! - Page 17

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#161
03-18-2013, 09:09 AM
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Laker24x
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Quote:
Originally Posted by colin View Post
The whole reason we are discussing this is due to someone suggesting a lawyer messed up. I still believe this question is asking where are you a legal resident of. I could for example be born in the UK, be a citizen of Austrailia through naturalization and have a green card in US. They know we are all living in the US as they have asked for tons of evidence. They just want to know which country you are a legal resident of for background checks.
A utility bill does not prove that you are a lawful resident and that is why when you go for your DL you have to show immigration status paperwork. I have freinds from the UK who have vacation homes in the US and receive utility bills and they may only be here for two weeks of the year.

But it doesn't ask where you are "a legal resident of" It just asks for "country of residence" which translates to where you currently resides.
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#162
03-18-2013, 09:23 AM
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morena83
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Colin, to my understanding "residing country" is WHERE YOU LIVE NOW!! "country of birth" is wherever u were born!!

In the office i volunteer at which is a GOVERNMENT OFFICE , we ask this question many times, and as someone said earlier.... Proof of residence its a bill, or whatever that has your address where you live at, as in my case at the office....we can only provide service to people that live within our area"county". Didnt thought this was going to be so hard for some ppl to understand!

And yes, lawyer messed at this question with my sister and my bil... Which didnt happen to me or my brother as we applied at same time....

Still waiting on the stupid letter.... (Im sorry but this waiting is driving us crazy) guess im not good at waiting!!
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#163
03-18-2013, 09:26 AM
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Your address is telling them where you reside at the present and in this section they also want to know where you have resided for the last five years in the US.
The question we are discussing is in the section where the USCIS want to establish where you are legally from. They know you are here illegally and you are going to show them all kinds of evidence to prove important dates.
I have copied below a paragraph from the USCIS website which I beleive puts it beyond doubt that no dreamer is considered a US resident.

Permanent Resident Alien

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

My parents live in the US and are documented and have been for 8 years almost. They are not allowed the privillages which an American citizen is and if they apply for such privillages are always denied as they do not have residency in the US.
Anyway all this said I think the question is not needed and is easy to interpret both ways and this is why I added additional comments to the question saying that I am a lawful resident of the UK but have resided in the US for over 7 years.
They are not going to deny any one for answering this question incorrectly when they have all the other evidence and if there is doubt an RFE will be issued which I belive happened in the case that this thread is discussing.
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Self prepared, Texas Lewisville, 08/31/12
Accepted and transfered to Vermont 09/04/12
Bios 09/25/12. 6, 7 and 8 Month clubs member
EAD/DACA texts 05/09/13. Waited 8 months and 5 days
EAD/DACA Approval delivered 05/13/13. DL 05/14/13
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#164
03-18-2013, 09:33 AM
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Quote:
Originally Posted by morena83 View Post
Colin, to my understanding "residing country" is WHERE YOU LIVE NOW!! "country of birth" is wherever u were born!!

In the office i volunteer at which is a GOVERNMENT OFFICE , we ask this question many times, and as someone said earlier.... Proof of residence its a bill, or whatever that has your address where you live at, as in my case at the office....we can only provide service to people that live within our area"county". Didnt thought this was going to be so hard for some ppl to understand!

And yes, lawyer messed at this question with my sister and my bil... Which didnt happen to me or my brother as we applied at same time....

Still waiting on the stupid letter.... (Im sorry but this waiting is driving us crazy) guess im not good at waiting!!
BTW I really feel for your relatives and I am not suggesting that the lawyer didn't mess up as I am sure the lawyer did. After going through lawyers in the past I decided not to in this application as nobody knows you better than you. Like I said before you either meet the criteria or you don't. If you don't a lawyer should not submit the paperwork. If I were them I would submit again self prepared and be honest with every answer. Good Luck.
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Self prepared, Texas Lewisville, 08/31/12
Accepted and transfered to Vermont 09/04/12
Bios 09/25/12. 6, 7 and 8 Month clubs member
EAD/DACA texts 05/09/13. Waited 8 months and 5 days
EAD/DACA Approval delivered 05/13/13. DL 05/14/13
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#165
03-18-2013, 09:36 AM
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morena83
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OK, ill just let it go.... No need to waste my fingers energy...lol trying to explain what i know.... To each their own, and if u understand it that way its OK!!

Many of us , get it the way i do!!

Residing: were u live at mo
Residence: your address...... Where u live at mo

LEGAL RESIDENT..... Nope, not yet but on our way there!!!
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#166
03-18-2013, 09:41 AM
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Thanks , and well, we are SURPRISED (for my sister) as she is way under 31, with no criminal record, and has been here in US since she was like 6-7yo ,graduated from hs, went to college ...... And submitted proof ofa lot of stuff.... So all we can do is wait....

And for my bil, idnt know much of him!! Lol, he is also under 31, as far as i know no criminal record, but he did had difficulty collecting proof!!
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#167
03-18-2013, 09:48 AM
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Dream becomes Reality
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Quote:
Originally Posted by colin View Post
Your address is telling them where you reside at the present and in this section they also want to know where you have resided for the last five years in the US.
The question we are discussing is in the section where the USCIS want to establish where you are legally from. They know you are here illegally and you are going to show them all kinds of evidence to prove important dates.
I have copied below a paragraph from the USCIS website which I beleive puts it beyond doubt that no dreamer is considered a US resident.

Permanent Resident Alien

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

My parents live in the US and are documented and have been for 8 years almost. They are not allowed the privillages which an American citizen is and if they apply for such privillages are always denied as they do not have residency in the US.
Anyway all this said I think the question is not needed and is easy to interpret both ways and this is why I added additional comments to the question saying that I am a lawful resident of the UK but have resided in the US for over 7 years.
They are not going to deny any one for answering this question incorrectly when they have all the other evidence and if there is doubt an RFE will be issued which I belive happened in the case that this thread is discussing.
Please stop before you confuse people that are still filling out their paperwork. The country of residence for all DACA applicants that have lived and live within the United States IS the United States. There is no gray area here, it's a simple and straightforward question that requires just 2 words-- United States.
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#168
03-18-2013, 09:59 AM
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That is CORRECT "Dream becomes Reality". This shall have a "like" button!! Hahaha


I Ditto all you have said!!
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#169
03-18-2013, 10:07 AM
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Laker24x
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Yup let's just say I got approved with no RFE's by putting US in the residency box. It really sucks making a mistake on your application but it would do no good to confuse other people into doing it as well. I do understand however where you're coming from. But a wrong is a wrong.
Last edited by Laker24x; 03-18-2013 at 10:14 AM..
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#170
03-18-2013, 10:18 AM
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Quote:
Originally Posted by Dream becomes Reality View Post
Please stop before you confuse people that are still filling out their paperwork. The country of residence for all DACA applicants that have lived and live within the United States IS the United States. There is no gray area here, it's a simple and straightforward question that requires just 2 words-- United States.
Disagree and have been on many forums and it is a very grey area. Don't tell me to stop, this is a discussion and just because a lot of others see it your way doesn't make it correct does it? The fact that this question is in a section where they want to know where you are from legally and that the question has a drop box listing countries which I have never heard of lol makes me believe they are asking where are you allowed to reside by law, they are not trying to trick anyone.
Below is a quote from someone on another forum discussing the same thing and this is the way I see it, but does not make me right either hence discussion. I can also see it your way and thats why I put additional info in the back section of the application.

Country of residence' if different from 'Currently residing in'.

Country of residence is the country that you are legally allow to reside for as long as you like (no temporary residence rule imposed, such as until end of your study period) and it is the most recent/current country (some people have Permanent Residence/Green Card status in a few countries).

As I said the USCIS probably knows this question is open for misinterpretation and are not going to deny on this one question.
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Self prepared, Texas Lewisville, 08/31/12
Accepted and transfered to Vermont 09/04/12
Bios 09/25/12. 6, 7 and 8 Month clubs member
EAD/DACA texts 05/09/13. Waited 8 months and 5 days
EAD/DACA Approval delivered 05/13/13. DL 05/14/13
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