Skip to main content

Deferred action question for friend? uscis immigration

Groton, MA |

is just birth certificate of 4 and half year old son enough for five year residency proof for applicant.
her son vaccine record for 4 and half year too count as a residency for her

Attorney Answers 5

  1. No, probably not. The USCIS needs to see documents that prove 'continuous physical presence,' among other requirements in order for both deferred action and an employment card to be issued. The public is finding out that DACA is a bit more complicated than some had thought. Applicants are being denied or told to provide more documentation.

    Attorneys who thought that they could charge low fees only to eventually get more if and when Congress passed a legalization program are finding out that it takes more time than planned to document and prepare a DACA claim. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

  2. Continuous physical presence has been defined as 90 days, so in our practice, we provide at least 1 document for each 3 months. We also vary the types of evidence for our DACA cases: bank statements, cell phone or computer-related bills, correspondence received via mail, etc. A DACA applicant wants results, not another delay due to insufficient evidence.

  3. No; the birth certificate alone is not enough. You need to establish continuous physical presence over the 5-year period that is specific to the applicant. The best way to approach this requirement is not to assume the period of time based on one document - bank statements, phone records, gym memberships, employment records, school records will help. Do yourself a favor - the more the better so long as none of the documents have a negative impact against you. It doesn't hurt having an immigration attorney review what you have prepared before you submit it as well.

  4. Do yourself a favor and consult with an immigration attorney. It may seem like a good idea to do it yourself and save a few bucks, but it may end up costing you time and money, and possibly other things if you do not do it right the first time around.

    Let me know if I can help.

    Hope this helps and good luck,

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116


    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

  5. Your friend must show that s/he has continously reihe sided Birth certificates of children born in the US to the applicant can be used to establish continuous physical presence over the 5-year period. However, thi

    This website may be considered advertisement under section 7.2 of the New Mexico Rules of Professional Conduct and other state rules. This attorney advertisement does not establish an attorney/client relationship, which is only formed when you have signed an engagement agreement.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics