DACA age requirements, tricky situation.

Hi everyone,

I've been browsing the lounge for a few days now, and i've seen several people ask the same question about one of the requirements (entered the U.S. before reaching your 16th birthday), but i wanted to share my story to see if anyone on the same boat decided to take a shot at it and apply for DACA anyways. I can prove everything except for that one requirement listed above.

I understand that USCIS is very strict with the requirements, but i want to rule out any possibilities/chances i may have with DACA before i move on and look at other alternatives.

I grew up in Baja California just a five minute walk from the border, though i have had relatives living legally in the U.S. longer than i can remember. I got my BCC when i was just an infant and visited the U.S. on a regular basis for all kinds of reasons (school trips, visit family, shopping, etc.), most of the time without having to file an I-94; unless my parents requested it for long trips, or if i requested it myself once i got old enough to drive and travel into the U.S. on my own.

From what i understand, the rules for traveling between Mexico and the U.S. are different depending on what part of the country you live in. Where i lived, traveling in and out of the U.S. through that port of entry was and still is very casual. You only need an I-94 if you intend to stay longer than a few days or if you travel past a certain amount of miles into the country.

Anyways, before my 16th birthday my parents were going through a brutal divorce to the point where i decided to go to California and get away from all of the drama. I entered the U.S. before my 16th birthday using my BCC and went to my aunt and uncle's house to eventually attempt to get enrolled in school, etc. However, for those of you that came here without your parents like me, without a power of attorney letter you pretty much can't do shit.

Once the smoke from the divorce and custody battle cleared months later, i obtained the power of attorney letter and moved to a different state farther north where my brother and his wife were living at the time and were listed as legal guardians. Finally i enrolled in high school in January of 2001, 7 months after i turned 16, and that is where my paper trail started. Since then, i left briefly for about 6 months in 2002 to pursue college and came back after that didn't work out. After that i had maybe 2-3 brief departures, leaving and entering the country legally using my BCC every time and haven't left at all since 2004. I have few to no ties with anyone in my family anymore, developed a whole new life here, got lucky enough to land an amazing job with great pay, etc. Other than my family, only one other person here knows of my situation and from the outside my life looks pretty normal to everyone else here. Because of where i grew up, i look like your typical white kid from the suburbs, speaking flawless english, normal job, just like any average upper-middle class american, with the exception of the number one limitation we can all relate to: not being able to reach far into your goals due to unlawful status.

Again, i know USCIS is very explicit with the requirements and whatnot, and for me it almost seems not worth the risk, but i wanted to know if anyone in a similar situation took a shot at it and applied anyways. And if so, did they send you a request for evidence? What did you provide?

I know that in the eyes of USCIS they don't care about any of that, and if i can't prove that i came here before turning 16, then i'm pretty much fucked.

Any input on this would be greatly appreciated.

Thanks!

http://dreamact.info/forum/showthread.php?t=67318

a user who came here before turning 16 but has nothing to prove it

http://dreamact.info/forum/showthread.php?t=37772
she was denied

I love how you casually crossed the border for shopping.

lol That's very common where i grew up. The majority of the people who reside there have BCCs and go grocery shopping right across the border at PriceClub/Costco, Walmart, etc., or simply go across for entertainment like the movies, dinner, etc. Everyone i grew up with either had one or both parents that were U.S. citizens, and the rest of us got our BCC when we were babies. I remember i used to ride as a passenger with friends and parents that are U.S. citizens and sometimes they wouldn't even check my BCC to cross into the U.S. That's how casual traveling in and out of the U.S. is at that port of entry.

I'll be honest, my story is nothing like most on here who have had to overcome very difficult obstacles not only for themselves but also for their families, and i consider myself to be very blessed with the opportunities that have been presented to me over the years, but i've come too far in this country over the last 15 years now that i have absolutely no idea what i would do if i ever have to go back, mostly because of my detachment from everything where i grew up. I don't even want to think about it.

I would suggest you do a FOIA to CBP, USCIS and ICE. Out of those 3 someone is out to have a record of your entries. I recently did one for one of our clients to prove he came with inspection since he is married to a USC and we were able to obtain a record of entry using his Border Crossing Card. .

Join the "you're screwed" club.

How far back did you have to go though? Most agencies only go back 5 years at the most. Besides, a lot of times ICE agents only glance at your BCC when you're crossing unless you request an I-94, in which case definitely goes on record.

Also, even if they do find a record of my entries, how will they know when i established residence? That's the real problem. I'm sure they can dig up multiple entries from their records, but there's still no way for me to prove when i established residence until i enrolled in school or did anything else, which i couldn't at the time because i needed that power of attorney letter i couldn't get until my parents finalized their divorce.

lol Believe me, i'm over it, my friend. I knew i was in this club the minute i read the requirements for the first time. But life goes on! I only wanted to see if anyone on here tried and somehow was able to get any kind of evidence at all.

Thanks for the input, by the way. It seems useless to try to apply given that i can only prove i was here 7 months after turning 16 and can't prove i was here before reaching said age.

It sucks that so many are being left out, and i particularly feel terrible for those that missed certain requirements by just a few days or something like that. Man, that would piss me off so much! lol

It seems like i should move on from any hopes with DACA and just hope for something else to come along in the future. I've been in this situation for 15 years and supporting myself all on my own for the last 10, so i'm sure i'll figure it out.

Again thanks for the input, and congratulations from the bottom of my heart to those of you that found relief in DACA, even if its future holds uncertainties. I can only imagine what a great feeling it was to be approved! I'll continue to follow this forum and check for updates often! =)

Cheers!

OP, Thank you for being positive. This is what 'we' as dreamers need. I will pray for you.