Came to USA before 16 left and came back after 16..READ THIS

I want to share my story because I k ow there must be hundreds of people outthere thinking they dont qualify for DACA because their last entry to USA was after turning 16

This was my case I "came" to USA AT 14 years old for about a month left and came back again to defenitely stay after turning 16.

I apply for daca and sent my passport entry stamp of when I came at 14 years old (thank god I still had that old passport" as proof of meeting the entry before 16 requirement.

After 8 long months I got RFE 103 stating that USCIS records showed that I had departed the usa after that entry and came back after 16 so I needed to provide evidence that during my stay at 14 year old I had established residency either by going to school or working, etc...

Well my lawyer always believe they were wrong and that by adding the residency requirement for people in my scenario ( which by the way its no where written in the DACA original memorandum) USCIS were trying to fix a badñy written elegibility requirement.

We responded to the RFE with a very polite by firm letter stating that their request had no basis since such residency requirement wss nowhere in the memo And that it only required the applicantto proof that he/she "arrived" to usa before 16 which we had done so with a copy of my entry stamp in passport.

Well Im happy to report that after 3months of USCIS reciving the letrer they approved my daca Which proofs what my lawyer believed all along. The made a mistake by not indicating such scenario in the original memo and tried fixing it by adding an additional questions and answers bullet in the daca website dealing with people in my position.

So for all of you outthere with a prior entry to usa before 16 who happened to leave and come back to usa after 16 dont think it twice... Hire a good lawyer and apply.

I came at 14 years old this is it

proof that he/she "arrived" to usa Bingo, first thing I thought


keyword is arrived, however your are good because your entry was at 14, most people literally did come their first entry at after 16 of age (wait I thought it was 15)

Happy for you that you got approved. My case is similar, I came at 12, went to junior and high school which I have records of. I Came here on an emergency passport initially which looks like just a post card with visa affixed inside. I have no copy of it it was such a flimsy document to begin with and it's been so long, but I was able to attain my initial proof of Entry along with i-94 number through a FOIA request from CBP.

I left after 16 but came back way before 2007. Naturally I was really worried about this but various other information including your story makes me feel more confident that I will probably be ok.

I have always wondered why they are making such a big deal about wether you left before or after 16.

I came at 15 on J1, 3 months prior to 16th birthday. Spent a year, went to HS, and left. Came back at 18 on F1 visa, overstayed. Fulfilled the 5 year continuous residency requirement. They did RFE me, I furnished the docs. DACA approved.

Yayyyy! I love seeing these stories---- gives me hope! This is a great informative thread as each one of us have our own unique circumstances and this scenario is hard to find specific answers to. On the DACA website there is a paragraph covering it, but it still seems a bit vague as far as wether you left after 16 or before.

Same here i left when i was 4 and came to the usa when i was 7 and when i was 14 left to Mexico and came back after my 16 birthday, applied for DACA and got approve within 2 months last year

HELP my boyfriend just got a RFE . They are asking for more evidence to prove that he came before age 16. What he initially sent was a bus ticket. He did not go to school at that moment; he lived with his uncle. Can he send letters of proof of living?He does not have other records.

Letters meaning affidavits to prove he came before 16? Yeah these won't work. Anyone can claim stuff you need hard evidence for any of the 5 main requirements and coming before 16 is an important one.

Seems like a loophole to me. I don't blame you guys for jumping through it but the whole idea of DACA was to come here before 14 and stay here till now - as in you have nowhere to go back to. If you had a home to go back to and stayed there after you were 16, then you made a choice to come here as an adult or almost an adult so you are no longer a dreamer.

Sore looser talking...