1 student who have been in the US for 12 years . Can I stay in the US ?

Asked over 1 year ago - 11375

I came to the US in 2000 when I was 10 years old because my father had to work here . My father's went back home in 04 while I stayed with my mother . During my stay here I was basically out of status , but I still attended school . I went to grade school , junior high , and high school in the US and graduated with honors . Then I went back home in 2008 at age 18 , in order to get an 1 visa to attend college here in the United States . Now fast forward to June 2012 , I have graduated and I am on OPT until June 30th . Currently , I am working as a teacher's assistant . I have been interviewing for full time jobs at F500 companies and no one would hire me . I always get feedback saying that I am one of the top candidates , and I feel that its my 1 thats the issue . What are my options to stay ? DACHA ?

Additional information

i was limited to 500 words, and some letters were cut off.

In the end I wrote, I feel that its my F1 thats the issue. One interview last year went really well, and I was sure I would get the job, but in the end, I was told that the my visa is a problem. Then the last interview I had, everything went well, but I had to bring in an application that I filled at home which asks for my working authorization.

In college I did many internships and worked hard in school. I basically grew up in the US, having stayed here since 2000.

I looked into the Deferred Action for Childhood Arrivals program and Im confused if whether I qualify or not. I went to school here all my life but I am now in lawful legal status because of my F1 visa. So do I qualify for that program? If not, my past is not relevant at all to that program?

Arrived in the US before 16 years old - Check
Been in the US for more than 5 years unlawfully as a child - Check
No criminal record - Check
In good academic standing - Check

Attorney answers (3)

  1. Alena Shautsova

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    Answered . While I cannot give you an answer as to why they would not hire you, you need to consult with an attorney in person. You may check out DACA retirements at the USCIS website. You need to show continuance presence and be in the US at the time of application. DACA is also for those who do not have a legal status.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Haroen Calehr

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    Answered . you have to be in unlawful status, i.e. out of status to qualify for DACA among other things, as you already mentioned in your question. Once you depart for more than 90 days you also interrupt the continuity of residence requirement. If your in F-1 status now than you do not qualify. On the issue of what to do, you need to apply for a H-1B through an employer unfortunately if you want to remain in the US and remain legal. Good luck. PS. if you are in a special degree called STEM-Science, Technology, Engineering and Math you can extend your OPT otherwise you need to get an H-1B.

  3. Pradeek Susheelan

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    Contributor Level 12

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    Answered . Unfortunately as you you are not eligible for DACA as you were in status on June 15 th 2012 and entered the U.S. legally on you last entry. As advised by my colleague above you need to get an employer who is willing to file a H1B petition for you. You mention that you are currently working as teachers assistant. If you have the educational background and interest to be a teacher as well as a license to teach in state you may find a job with a school system or an organization that places teachers in school system. This may be easiest if you have a science or special education background. You may make enquiries with GTRR.net which is one such organization. Apart from this any employer that is willing to hire you in a position that requiers a bachelors degree in the subject you have completed your bachelors in to perform the duties of the position would be eligible to file a H1B petition on your behalf.Good luck. Consult with an attorney that specializes in employment based immigration.

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