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Questions about DACA. Hello, could you please clarify a few things about DACA? Here's my case: -Came to the US on a Tourist Visa (Legal entry, Feb 2012). - Stamp was valid until May 2012 -Turned 18 on Oct 2014. -Graduated from High School (And have some extra college credit). -Have a sister who is 21 and has Legal Status. -Clean record -No SSN, only Tax ID requested a couple years before my arrival (2006). According to uscis.gov, I could request for DACA, except to their 3rd requirement on their Guidelines. "Have continuously resided in the United States since June 15, 2007, up to the present time; " Should I risk it anyway? Have you ever worked with someone that was present in U.S. on June 15, 2012 but not since June 15, 2007? My local community college asks for a affidavit saying that I will apply for legal status as soon as I can. Do I need to contact a lawyer to sign the paper as well? In your opinion, should I apply for a HB144 and wait for immigration reform? Thank you
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You should not attempt to apply for DACA as you are clearly not eligible under the present version or even under the proposed expanded version which is in the courts. Under the present version, you must have resided here since June 15, 2007. Under the expanded version, you must have resided physically in the U. S. from January 1, 2010. You should wait for another route or other relief to become available. Insofar as your local community college requirement is concerned and as you describe the requirement, requesting an affidavit saying that you will apply for legal status as soon as you can appears to be an open promise that incurs no liability as it would incorporate the idea that you would have to be qualified in order to apply. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 10th, 2015 at 1:29 PM