QUESTION

Since I have been in the US, never left the country and have only one single minor misdemeanor before I fell out of status, do I qualify for DACA?

Asked on Apr 17th, 2014 on Immigration - California
More details to this question:
I entered the US on an F1 Visa when I was age 18 on June 2009. However after 1 and 1/2 years unexpected family issues back home and the DSO's unwillingness in letting me file Form I-765- Economic hardship off campus employment. I could not pay off the tuition arrears causing me to fall out of status.
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4 ANSWERS

Adebola O. Asekun
Despite your misdemeanor, you may still be eligible for DACA. For the misdemeanor to disqualify your DACA application, it must such that DHS considers very serious., and without knowing exactly the nature of your misdemeanor, I am unable to tell. You should also note that criminal history, or lack thereof, is only one of the things CIS consider. For instance, the last date of your entry into the US is one other consideration and if you entered US after 2007, you may not in fact qualify. But to fully assess your DACA eligibility, you need to consult with an experienced attorney.
Answered on Apr 21st, 2014 at 3:27 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Unfortunately, you don't qualify for DACA. The criteria is as follows: Be 15-30 years old, and have entered before age 16. Have been present in the U.S. for 5 years as of June 15, 2012 Have maintained continuous residence. Have not been convicted of one serious crime or multiple minor crimes. Be currently enrolled in high school, graduated or have a GED, or have enlisted in the military Since you were 18 when you entered the U.S. and had not been in the U.S. for 5 years as of June 15, 2012, you fail to qualify under the 1st two conditions.
Answered on Apr 21st, 2014 at 3:03 PM

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No. You have to have entered the U.S. before your 16th birthday to be eligible for DACA.
Answered on Apr 18th, 2014 at 2:55 PM

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Employment & Labor Attorney serving Culver City, CA at Law Offices of Christine Green
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To qualify for DACA, you have to come to the U.S. before you were 16 years old. Since you came when you were 18 years old, you would not be eligible for DACA.
Answered on Apr 18th, 2014 at 2:35 PM

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