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DAP Forums > DREAM Act > The Lounge

My situation and possibilitie(s) - Page 2

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#11
05-25-2013, 12:27 AM
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sandymancan
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So if the bill passes. immediately move back asap with the timing. Been living here a year and 24 days.. but again still pay insurance there (US) and have Social security
Last edited by sandymancan; 05-25-2013 at 12:30 AM..
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#12
05-25-2013, 04:02 AM
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The cool thing about CIR passing is you don't even have to move back here illegally to wait for it. Childhood arrivals (or "Dreamers" as they call us) who self-deported in the past would be eligible to come back and apply under the new bill. Right now just focus on gathering as much paperwork as possible in case it does pass. You'll need to prove how old you were when you entered and show continuous presence (school records, dr records, bank statements, etc).

Good luck!
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#13
05-25-2013, 01:50 PM
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hawkeye2013
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under the new bill, a person would have to prove that they were in the US prior to Dec 2011. for what certain amount of time, i do not think that has been determined yet.

also, those already deported and who can prove that they were here in the US before 2011, can apply from their home country. think about it. how are they going to be able to come back to the US if they were already deported and have no legal way of entering the US?
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#14
05-25-2013, 02:52 PM
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Thank you for your input.

I dream everyday and every night to be with my son. It doesn't matter. i was abandoned as a child so its quite a motivating factor

I will keep out of trouble and start to gather paperwork.
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#15
05-25-2013, 05:42 PM
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Quote:
Originally Posted by sandymancan View Post
Hello all,

I would appreciate some input and non-hating responses as to my situation. I have talked to lawyers as well as active forum users on different sites but this one will categorically answer my questions in response to the dream/DAVA/ new bill


Hail from Canada (yes, Canada not MEX or other South American country)

was smuggled in when I was a few months old, lived in the US for more than 24 years. went through school system, attained diploma and Associates in Business.

I HOWEVER. did get into some trouble with the law. Got a reckless driving (gross Misdeameanor, and neg 2 driving (traffic violation) both stemming from DUI's but were both reduced due to my alcohol level.


Left to go back to home country (last year). and was told by one lawyer I wouldnt have problems crossing back and forth, and one told me I would. and would eventually face 10 year ban.

Now my soul purpose in life is to be near my son. He is the only reason why I live, support and even stay up here. I have visited once a month, and so far no problems.. However I yearn to come back. So i can take him to school, live near him and be involved in his life instead of seeing him once a month. Get my drift?


Now I was told under provisions of DACA two year work permitI would not qualify because of my reckless. SIGNIF MISDEMEANOR. Or would I not? Thats my first Question. Would it disqualify me?

Also if the current border enforcement bill passes, it says anyone with one felony or 3 or more MISDEMEANORS would qualify. Meaning I do have a chance? Under this new bill if it passes and is signed?


Also does the time i have been back in my native land effect my chances with applying for both bills ?

I have a social and license in the U.S

I understand there are many in worse cases with countries in far worse circumstance. But I do no want to cross everytime with the risk of being banned and I do not want to be absentee from my sons life. I miss him almost every minute.

Advice would be appreciated.

Gracias
After reading this,There are some huge problems associated but to clarify right now....


-You don't currently qualify for DACA simply because "Deferred Action" is only for those within the United States not those abroad[such as in Canada].

-You have categorically stated that you had prior DUI's in addition to prior illegal entry and have accrued enough unlawful presence to incur the 10 year bar at least since you overstayed past 18 years of age by more than 1 year.Having said that,You are required to visit a US embassy for permission to enter the United States dependent on the status sought as your nominal Canadian visa free privilege is currently annulled.

-The reason why you're getting ambivalent answers is because sometimes CBP will just wave through Canadian citizens at the border so as not to slow down traffic between the two countries and weird enough but if you overstayed again you might be eligible for DACA IF USCIS accepts that your presence in Canada was "brief and innocent".The rights and restrictions associated with that of a Canadian Citizens is equal to that of an ordinary B2 visa so at this time you still require permission to enter the US!

-I believe in the current Senate immigration bill,you may actually be able to return provided the legal language stays the same.......but Congress[The Senate and House of Reps] will definitely be changing the language as time goes on through amendments so it would be unknown at this point if you can enter.
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#16
05-25-2013, 11:43 PM
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I understand the language of the law. The 10 year bar and such.
When I cross back into the US they don't just waive me by. They ask purpose of trip duration of trip
And I answer accordingly. I get my passport stamped every few visits with an I-92. And my history has not come up. So the Visa waiver is still intact. My legal troubles are one misdemeanor and a traffic infraction

The language has stayed the Same and has changed.for siblings, the LGBT community and lottery winners. But I'm hoping for the best
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#17
05-26-2013, 12:43 AM
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Quote:
Originally Posted by sandymancan View Post
I understand the language of the law. The 10 year bar and such.
When I cross back into the US they don't just waive me by. They ask purpose of trip duration of trip
And I answer accordingly. I get my passport stamped every few visits with an I-92. And my history has not come up. So the Visa waiver is still intact. My legal troubles are one misdemeanor and a traffic infraction

The language has stayed the Same and has changed.for siblings, the LGBT community and lottery winners. But I'm hoping for the best
Mind if I ask if you wife is a U.S. citizen? Since you enter with a visa, it's a lot easier to adjust your status through marriage.
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#18
05-26-2013, 01:06 AM
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sandymancan
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No wife. Just the son. Mom and I didn't work things out.

Even through marriage my potential American spouse would need to show extreme hardship for me not to be around. Which cannot include physical presence.
The waiver for that is very hard to get. An American spouse is better chance but still a long, arduous road
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#19
05-26-2013, 03:59 AM
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Quote:
Originally Posted by sandymancan View Post
No wife. Just the son. Mom and I didn't work things out.

Even through marriage my potential American spouse would need to show extreme hardship for me not to be around. Which cannot include physical presence.
The waiver for that is very hard to get. An American spouse is better chance but still a long, arduous road
Well, if you can come to United States with a visa which you do, you can obtain a green card easily through marriage and you don't need to leave this country while you apply. You don't need a waiver for the 10 year ban. Those waiver are for people who entered without inspection.
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#20
05-26-2013, 05:25 PM
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sandymancan
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I cannot attain a greencard easliy.

When you submit your application for a visa you have to disclose any and all information. They can certainly do the research and find out I went to high school and few years of college. You tell them everything and anything and don't lie.

Applying for a visa like that and denying (or admitting) the past will not only get me a denial on my application but will also trigger the bar

the crimes do not help, and luckily they are not felonies, nor are they crimes against moral turpitude.. but they are a trail of breadcrumbs like my school history. I was in school part time until the month i left.
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