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-   -   Daca since 17, EWI , getting married to citizen (http://dreamact.info/forum/showthread.php?t=84419)

FLDreamerrr 06-21-2020 07:37 PM

Daca since 17, EWI , getting married to citizen
 
Hey guys quick question because every lawyer seems to give me a different answer
Iíve searched online and it seems like since Iíve had daca since I was 17, I have not accrued 180 days of illegal presence after 18, meaning when I leave the country for consular process I wonít get 10 year ban

Is this true? Has anyone gone through this ?

Iím just worried about going through the consular process in my home country and possibly getting the 10 year ban

Dres2011 06-21-2020 07:44 PM

Re: Daca since 17, EWI , getting married to citizen
 
I don't know youll get your answer here, but this website provides pro bono immigration work.

immigrantslikeus.org

Demise 06-21-2020 10:03 PM

Re: Daca since 17, EWI , getting married to citizen
 
Quote:

Originally Posted by FLDreamerrr (Post 749177)
Hey guys quick question because every lawyer seems to give me a different answer
Iíve searched online and it seems like since Iíve had daca since I was 17, I have not accrued 180 days of illegal presence after 18, meaning when I leave the country for consular process I wonít get 10 year ban

Is this true? Has anyone gone through this ?

Iím just worried about going through the consular process in my home country and possibly getting the 10 year ban

Yeah it's true, but you basically will have to explain to the consular officer that yeah, I got DACA, here's my work permits that show it, and here's a relevant regulation that says that you don't accrue unlawful presence while under DACA.

FLDreamerrr 06-21-2020 10:58 PM

Re: Daca since 17, EWI , getting married to citizen
 
Quote:

Originally Posted by Demise (Post 749179)
Yeah it's true, but you basically will have to explain to the consular officer that yeah, I got DACA, here's my work permits that show it, and here's a relevant regulation that says that you don't accrue unlawful presence while under DACA.

Whereís the regulation

Malign0n 06-21-2020 11:57 PM

Re: Daca since 17, EWI , getting married to citizen
 
Quote:

For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.
Source USCIS

Also, here's the regulation. Page 6, Section 3 Aliens Present in Unlawful Status who do not accrue Unlawful Presence by virtue of USCIS Policy....
https://www.uscis.gov/sites/default/...design_AFM.PDF

Subsection J: Aliens granted Deferred Action

Demise 06-22-2020 01:03 AM

Re: Daca since 17, EWI , getting married to citizen
 
Quote:

Originally Posted by Malign0n (Post 749187)
Source USCIS

Also, here's the regulation. Page 6, Section 3 Aliens Present in Unlawful Status who do not accrue Unlawful Presence by virtue of USCIS Policy....
https://www.uscis.gov/sites/default/...design_AFM.PDF

Subsection J: Aliens granted Deferred Action

Basically this.

MIdreamer 06-22-2020 10:34 AM

Re: Daca since 17, EWI , getting married to citizen
 
I know someone who returned under the same condition and was able to get her Green Card without the need to apply for waiver. She just show all her DACA documents.

FLDreamerrr 06-22-2020 11:17 AM

Re: Daca since 17, EWI , getting married to citizen
 
Thanks a lot guys feel a lot more confident now !


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