A difficult situation for a Dreamer.

Hi all,

I wanted to hear from you about my very own situation of attempting to apply for Deferred Action. I would appreciate all the comments concerning my situation.

Here is the thing: Technically I know I qualify for deferred action, however I cannot prove to them one of the requirements, which is "have entered the US before the age of 16".

I entered US soil without inspection a few days before turning 16 (I stayed with some random people for a couple of days near Laredo,TX waiting for the right time to move out to Dallas and reunite with my family) but I was picked up by immigration very close to the border two days after I had turned 16. So according to immigration and the papers that witnessed the incident I entered the US after I turning16..., so I would basically not qualify for Deferred Action because of that.

Putting that aside, like many of you I have done things for myself and have contributed to this country in a way. Graduated from High School in 2007, went to Community College for two years and this April I graduated from a university in Oklahoma. I already have all the other documents ready but I don't have anything to prove to whoever checks my case that I did come here at least two days before turning 16. The only thing I can think of is to write a heartfelt letter about how I entered the US and what I have accomplished to this point in life.

At this moment I believe I'm going to send my application no matter what, the least I can do is to try and know that I took this opportunity (knowing the consequences, both good and bad) even if the odds of me getting deferred action are minimum, or none.



Your input is appreciated once again,
Thank you all.

Before you send in your application you should consider speaking to an attorney. Seeing that you only get one chance to apply and your case is special. Good luck!

I have seen three of them already, they have said to me that since I don't have evidence of that requirement they can't assure that I will be granted DA. But I'm going against all odds.

what about an affidavit from the people you stayed with? if possible...

DO NOT.. I REPEAT DO NOTTTTTTTT Write a "heartfelt" letter to the uscis.. the last thing they want is some sob story, trust me, these guys review thousands of apps a day.. they will not feel bad for you.. its all about what you can and what you can't prove.. your letter will most likely hurt your chances, i suggest getting a good lawyer who's willing to go that extra mile to prove that you were here before you turned 16.

^What they said. Keep looking there's no deadline for this. Don't hurt your chances by just going for it.

They would have to use Circumstantial Evidence in this case.

If you were caught by ICE or BP 2 days after turning 16, it's would seem possible that you were here in the U.S. before that.

Who knows, it will be up to the adjudicators to decide whether they think you were here or not.

How exactly is a lawyer going to produce the evidence he needs to prove it?


If he finds some its barely cutting it.

Yea... I think this is just a 50/50 chance

Did CBP book you or take a record of you in any way? Can you look into requesting a record from CBP? I would not go for it if I was you at all. You don't want to turn in evidence to them that they can later use against you. Affidavits cannot account for entrance before age 16. SO THE HEARTFELT LETTER WONT WORK. They don't care.

You were basically in the Country for just a couple of days. I mean we have no clue how they are going to treat people that were here for a couple of years before age 16 and then left for long periods of time, and later came back to finish high school. They have a stronger case then you and we have no clue how those are going to turn out.

I understand you have done good stuff. But, is not worth the risk right now. I would contact a dreamactivist.org and see if they can help you advocate for you.
Because your case might be solid from the last five years and I am guessing two years of high school. But you don't have any elementary or jr high to proof residence in the country.

You are going to need an intervention from a congress person or higher power that but that is basically fighting a tough fight. But, I highly advice you to go at it on your own.