QUESTION
Am I eligible for DACA if I was previously on F1 Visa and can prove I entered the US before I was 16?
Asked on Jul 24th, 2013 on Immigration - California
More details to this question:
I entered the US 3 months before my 16th birthday and I have my old passport with the entry date stamp. During that time, I stayed with my aunt for one month and I only have photos of myself in the United States with my mother who brought me. I did not work or go to school. I left before I was 16 years old. I returned to the US at 18 and graduated from college on an F1 visa. I later came back to the United States on a B2 visa in Feb 2011 and overstayed my visa as of Feb 2012 to seek medical attention for a condition I got while in the US and I am fine now. I meet all of the other requirements for DACA except for a 6 month leave from August 2010 to Feb 2011 when I returned on the B2 visa. I have residency documents from August 2005 to the present, no criminal activity and I am 26 years old. Am I eligible for DACA?Thank you.
2 ANSWERS
No, if you did not enter during the time you were supposed to have entered, then you are not eligible.
Answered on Jul 31st, 2013 at 11:56 PM
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If you left the US at the age of 16 and did not return until you were 18, you will not be eligible for DACA because you will not be able to establish continuous physical presence in the US from the age of 15 to present.
Answered on Jul 31st, 2013 at 11:56 PM