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DAP Forums > DREAM Act > The Lounge

A friend's situation - Page 4

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#31
12-01-2012, 11:46 PM
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Quote:
Originally Posted by angelchen1111 View Post
DId she come here before June 15, 2007 the last time?
Yes. She was born in 1986. And she re entered at the age of 17 the last time... Which was in... 2003 I suppose ? So yeah she has continuous presence from then on. She just had that two years gap from the first entry til the second entry. Other than that she qualifies in every single way.
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Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#32
12-02-2012, 12:13 AM
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Din't u had to be out of status before 16? It appears that she had legal status
Last edited by DamLeon123; 12-02-2012 at 12:20 AM..
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#33
12-02-2012, 12:29 AM
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Quote:
Originally Posted by DamLeon123 View Post
Din't u had to be out of status before 16? It appears that she had legal status
No, that's not an issue. The requirement is being out of status on or after June 15, 2012.

Her friend's dilemma lies on whether or not they will consider her 2 year absence as "extended" or not.
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#34
12-02-2012, 10:32 AM
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Oh I'm so happy, I was searching through the forum and finally found someone in the same situation as my friend who actually got approved! His name is Tummytickler! Apparently he left the US multiple times and re entered after 16 as well and still got approved as long as he had proof of original entry before 16, which my friend does have ! she will be excited about this.
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Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#35
12-02-2012, 12:34 PM
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Quote:
Originally Posted by sans View Post
She started being illegal after the age of 17. I believe DACA only applies to those who accrue illegal status before the age of 16.
I don't think so.

The DACA stuff specifically says that you needed to be out of status either on June 15 2007 or 2012. (I forget which)
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#36
12-02-2012, 02:54 PM
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Can you please update us on her case. If she decides to apply. Tummytickler was approved after an RFE. It would be interesting to know if they consider the entrance a visit or if you need intention to stay.
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#37
12-02-2012, 03:03 PM
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Quote:
Originally Posted by FlyinAgainstTheWind View Post
Can you please update us on her case. If she decides to apply. Tummytickler was approved after an RFE. It would be interesting to know if they consider the entrance a visit or if you need intention to stay.
This a definitely a gray area. I don't believe 'technically' someone like her is eligible for DACA. The reason she may luck out is her re-entrance into the US was not too far from age of 16. But let's says someone's initial entry was at age 7 for six months, he left and didn't come back until age 19 when he overstayed and received an GED here. If she's allowed to apply, why shouldn't this person be? That's why this is a very grey area, but if she has the money and no criminal record, then I suppose it doesn't hurt to apply. I certainly wish your friend the best.
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#38
12-02-2012, 03:42 PM
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Quote:
Originally Posted by Chey00 View Post
Oh I'm so happy, I was searching through the forum and finally found someone in the same situation as my friend who actually got approved! His name is Tummytickler! Apparently he left the US multiple times and re entered after 16 as well and still got approved as long as he had proof of original entry before 16, which my friend does have ! she will be excited about this.
I believe she's going to be fine. Today I volunteered in a DACA application clinic and I asked this question. They said absolutely she's eligible. They even told me that her evidence has to only support her presence since June 15, 2007 onward. It just doesn't matter if they left, they just had to be here before their 16th birthday and in your friend's situation, the I-94 from her first entry is sufficient to prove that. The most advisable thing for her to do is to send as little and clear evidence as possible. I had one person today that basically will only have 4 documents... There's just no need to pile on evidence, the evidence just has to be clear enough to support what she's being asked in the application.

And to reiterate what the other poster is saying, an applicant has to be out of status (undocumented/unauthorized) by June 15, 2012, not 2007.

In all cases though, again, I advise having your friend's application looked over by an attorney (preferably one that has experience with DACA) or a community DACA assistance.
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#39
12-02-2012, 03:47 PM
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Quote:
Originally Posted by turmalina View Post
I believe she's going to be fine. Today I volunteered in a DACA application clinic and I asked this question. They said absolutely she's eligible. They even told me that her evidence has to only support her presence since June 15, 2007 onward. It just doesn't matter if they left, they just had to be here before their 16th birthday and in your friend's situation, the I-94 from her first entry is sufficient to prove that. The most advisable thing for her to do is to send as little and clear evidence as possible. I had one person today that basically will only have 4 documents... There's just no need to pile on evidence, the evidence just has to be clear enough to support what she's being asked in the application.

And to reiterate what the other poster is saying, an applicant has to be out of status (undocumented/unauthorized) by June 15, 2012, not 2007.

In all cases though, again, I advise having your friend's application looked over by an attorney (preferably one that has experience with DACA) or a community DACA assistance.

Thank you for your response. I will keep you guys updated on her decision. She does not have a criminal record so I think her choice will be to risk it because she does have enough evidence for the past five consecutive years. I also agree that a lawyers help would be a good idea but we have been unable to find a reputable lawyer with DACA experience here in MA. :/ I wonder if there are any DACA assistance community here in MA as well, I don't know of any. But thanks everyone for your answers!!!!!
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Application Status: Self-filed on 8/18/12 to Chicago w/ Priority Mail and Delivered on 8/20/12 @ 2:47pm
Date of G-1145 Notification Received (email & text): 08/27/12 @ 3:48pm Routed to Vermont
Date of I-797C Notice of Action Letter Received: 08/31/12
Date of Biometrics: Received 08/31/12 and Scheduled for 09/17/12 in Cranston, RI.
Date of Approval: 10/23/12
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#40
12-02-2012, 07:47 PM
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Quote:
Originally Posted by turmalina View Post
No, that's not an issue. The requirement is being out of status on or after June 15, 2012.

Her friend's dilemma lies on whether or not they will consider her 2 year absence as "extended" or not.
That is good
I hope your friend gets approved.
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