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DAP Forums > DREAM Act > The Lounge

My DACA was just denied. It feels like my world is crumbling.. - Page 5

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#41
05-06-2013, 02:44 AM
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Quote:
Originally Posted by saneronsds View Post
I applied for DACA early december, a few weeks ago I received a letter asking for more evidence about my 'brief and innocent departure.' I had left to go study a semester of college in Mexico, and I made sure to put that in my application, along with my report cards from the schools, translated and all.

I got a letter a few weeks ago asking for an explanation for a month that wasn't accounted for in my report cards (July.) I wrote my reply explaining that during that month I was taking the entrance exam, going through orientation and finding a place to live, etc etc.

I got an email saying that I had been denied my worker authorization, but nothing in regards to my DACA, but I was still a little bit worried. Just a few minutes ago I checked my mail and I saw that my DACA had been denied because the attending officer had determined that my absence was not brief, casual and innocent.

I don't know what to do, nor do I know if I have any other alternatives now. I'm thousands of dollars in debt to my roommate and going back to live with my parents is not an option, that environment is toxic.

Could anyone shed some light as to what I can do now?

I feel so lost.
May i ask wat year u went to do the semester???
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#42
05-06-2013, 10:21 AM
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I had a breif absence of just over a week and now am expecting maybe an RFE on it based on this. I can prove when I came back in by the stamp in my passport but I can not prove the day I left as I can not find the flight detail, my elderly Grand Parents booked it for me. I can however prove I was in school a month before so at the very most I could have only been out the country 30 days but I was out only 9.
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Accepted and transfered to Vermont 09/04/12
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EAD/DACA texts 05/09/13. Waited 8 months and 5 days
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#43
05-06-2013, 11:07 AM
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I came on tourist visa and overstayed for almost 2 years and then went back to my home country (stayed there for almost 18 months) and came back legally, when I came back I was 18 years old. All this was before 2007
When I applied for DACA I really thought I wouldn't get approved because of this absence but eventually I figured out that they didn't really care about what you did before 2007. It was confirmed when I got an RFE for my presence after 2007.

So for all those wondering how its possible for someone to leave and come back, I believe it depends on every individual case...
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#44
05-06-2013, 06:28 PM
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its case by case
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Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#45
05-06-2013, 08:14 PM
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If you were undocumented how did you return? O.o

Things are looking up for CIR dont lose hope.
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#46
05-06-2013, 10:48 PM
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Going to study to mexico is far from being an innocent departure, it was a whole semester, long time really!
But have faith the new law will pass
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#47
05-07-2013, 01:16 AM
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You could be so inocent and all, but i tell you that damn terrorista just fucked it up for all of em who have gone n come
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#48
05-07-2013, 09:08 AM
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I wouldn't reapply for DACA until you speak to reputable lawyer because more than likely you'd be denied again and waste more money. Maybe a lawyer can find a way to argue absence was 'innocent and brief', but a whole semester is a long time.
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#49
05-07-2013, 09:54 AM
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Even if the Senates bill passed , it specifically says anyone who left from the USA after 12/31/2011 is disqualified


We don't even know when tc left the country
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#50
05-07-2013, 02:47 PM
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Quote:
Originally Posted by Swim19 View Post
I wouldn't reapply for DACA until you speak to reputable lawyer because more than likely you'd be denied again and waste more money. Maybe a lawyer can find a way to argue absence was 'innocent and brief', but a whole semester is a long time.
I don't see how a lawyer would argue that it's not like he'd have a hearing in front of a judge, unfortunately DACA is just up to the adjucator

What I would think would work is if you somehow got your representative to contact Janet napolitano (secretary of Homeland Security) have her approve your departure as a brief absents and then have a lawyer compose that into your application.

I think getting that letter from her or even contacting her is slim to none but your local congressman has access to speaking to her so give it a shot if you're highly motivated, you could imagine it's going to take work. It's not easy getting a comgressman to go through all that.
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