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DAP Forums > DREAM Act > The Lounge

Question about the Age qualification - Page 3

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#21
10-02-2012, 08:40 AM
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Quote:
Originally Posted by tf2legend View Post
I'm not talking about the CONTINUOUS PRESENCE. That is not the only requirement for DACA. It is very clearly stated on the USCIS website that they will only allow very brief departures. One year is not brief. Again, in order to qualify for this process you must satisfy all of the requirements.
Yes, but only allowing brief departures has to do with the continuous presence requirement. No where does it say anything about brief departure before June 15, 2007. If you can show me where it says differently because I dont see it anywhere. Of course, op will have to be honest about leaving and coming back at age 16, which is why we are all suggesting to seek legal assistance.
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Last edited by Swim19; 10-02-2012 at 08:54 AM..
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#22
01-31-2014, 09:57 AM
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I just wanted to update everyone, got an email earlier today saying:

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Your Case Status: Card/ Document Production


But my I-821D is still under Initial Review, does this mean I'm approved? My heart is beating and I'm shaking uncontrollably.
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#23
01-31-2014, 10:37 AM
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Quote:
Originally Posted by mangowarrior View Post
I just wanted to update everyone, got an email earlier today saying:

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Your Case Status: Card/ Document Production


But my I-821D is still under Initial Review, does this mean I'm approved? My heart is beating and I'm shaking uncontrollably.
Yes that means you're approved. First I-765 goes into document production, few hours later I-821D and I-765 get approved, and then I-765 goes into document production again.
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#24
01-31-2014, 11:21 AM
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Quote:
Originally Posted by Demise View Post
Yes that means you're approved. First I-765 goes into document production, few hours later I-821D and I-765 get approved, and then I-765 goes into document production again.
Thank you - this means the world to me. After waiting for 3 months and no change, I started to lose hope. But 6 months later, today, I check my e-mail and notice a message from USCIS. It said my card went into production. I was pretty much half asleep and getting ready for bed but now I'm wide awake with blood pumping throughout my body I can't sleep now woooohooooo

I just wanted to clarify something. I did enter the country when I was 15 years old, stayed for a month and also had my 16th birthday here. I then left the US but came back a month before turning 17.

I needed to clarify that in case someone else was also in a similar situation as me. There is a difference in leaving the country when you were 15 versus having your 16th birthday then leaving. If u left when you were still 15 years old but came back when you were 16, they would require proof from you that you had established residence before leaving i.e. went to school. I'm also assuming that it's up to the case worker reviewing your case because I did leave for almost a year. That was a tough one for me. I kept worrying that they would deny me because I had left for almost a year.
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#25
01-31-2014, 07:32 PM
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For me, I was approved, then it change into production
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#26
01-31-2014, 07:58 PM
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Just got the official word: On January 31, 2014, we mailed you a notice that we have approved this I821D Consideration of Deferred Action for Childhood Arrivals wooooot!!!!!
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#27
01-31-2014, 11:49 PM
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Congrats!
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>>Priority Date - 04-18-17 >>I-130 approved 12-26-17 >>Application for AOS sent : 08-17-17 >>Biometrics completed 9-11-17 >> Interview scheduled notice 12-28-18 >> Interview day 02-06-19 >> Case status update 02-12-19 "Card is in production"
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#28
02-04-2014, 02:20 PM
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Thanks for posting this. It gives me a little hope. I have a very similar situation.

I came when I was 14 stayed for maybe a few weeks and had my 15th birthday here and then went back. I came back to the US 10 months after my 16th birthday.

So far they're requesting evidence of establishing residence in the United States prior to 16. They're asking for school records, employment records or documents evidencing I was present prior to 16.

I don't really have any of those other than my passport stamp saying when I came. So my lawyer suggested I put together an affidavit explaining my intent to stay when I came at 14 and why I went back. So we'll see what happens when I send that in.
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#29
02-04-2014, 05:13 PM
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Hey buggy while you and I are in a similar situation, it is not entirely the same. Because one of the requirements is that the applicant must have arrived before turning 16 which you did at 14 years old. But you also left the US before you turned 16 at 15 years old. I came when I was 15, had my 16th birthday here then left. The only way that would make you qualify now is that before you left, you had at least established residence and that could be proven with anything from school records to medical records. If you stayed here and had your 16th birthday here, then left, they would not require any proof that you established residence here.

There is another poster here is a similar situation, but he came here when he was 2 years old and left when he was 15 years old, came back when he was 16 years old. So you see, he was here for 13 years, so I'm sure he has evidence to show he had established residence here before he left i.e. school records.

If you came here legally, then they will have records to verify your entry date and exit date, but if u came here illegally then that is another matter and you may *looks left, looks right* alter the age of when you came and left.

Hopefully that affidavit works and they do approve you, but I'm just stating the facts and what I learned from my perspective. Here is a link that explains it - http://www.uscis.gov/humanitarian/co...sked-questions

New - Q1: I first came to the United States before I turned 16 years old and have been continuously residing in the United States since at least June 15, 2007. Before I turned 16 years old, however, I left the United States for some period of time before returning and beginning my current period of continuous residence. May I be considered for deferred action under this process?
A1: Yes, but only if you established residence in the United States during the period before you turned 16 years old, as evidenced, for example, by records showing you attended school or worked in the United States during that time, or that you lived in the United States for multiple years during that time. In addition to establishing that you initially resided in the United States before you turned 16 years old, you must also have maintained continuous residence in the United States from June 15, 2007, until the present time to be considered for deferred action under this process.
Last edited by mangowarrior; 02-04-2014 at 05:33 PM..
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#30
02-04-2014, 07:43 PM
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Yea, I know it's likely a long shot. We'll see what happens.
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