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DAP Forums > DREAM Act > The Lounge

Daca since 17, EWI , getting married to citizen

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#1
06-21-2020, 07:37 PM
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FLDreamerrr
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Hey guys quick question because every lawyer seems to give me a different answer
I’ve searched online and it seems like since I’ve 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 won’t get 10 year ban

Is this true? Has anyone gone through this ?

I’m just worried about going through the consular process in my home country and possibly getting the 10 year ban
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#2
06-21-2020, 07:44 PM
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I don't know youll get your answer here, but this website provides pro bono immigration work.

immigrantslikeus.org
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#3
06-21-2020, 10:03 PM
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Quote:
Originally Posted by FLDreamerrr View Post
Hey guys quick question because every lawyer seems to give me a different answer
I’ve searched online and it seems like since I’ve 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 won’t get 10 year ban

Is this true? Has anyone gone through this ?

I’m 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.
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#4
06-21-2020, 10:58 PM
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Quote:
Originally Posted by Demise View Post
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.
Where’s the regulation
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#5
06-21-2020, 11:57 PM
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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
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#6
06-22-2020, 01:03 AM
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Quote:
Originally Posted by Malign0n View Post
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.
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#7
06-22-2020, 10:34 AM
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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.
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#8
06-22-2020, 11:17 AM
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Thanks a lot guys feel a lot more confident now !
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