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Form I-765 DACA for question 15 what should i write as current immigration status?

Napa, CA |

"Unlawful Status: Deferred Action for Childhood Arrivals by ICE". as it says on the instructions. Some people say its wrong because my case hasn't be deferred.

Attorney Answers 4


Those "people" don't know what they are talking about... As it now stands, you have NO legal status.

We have not put "unlawful status" in any of our clients' applications. The way we answered the question is to put "None - EWI (entered without inspection) if that is really the case , OR:
"None - Waived Through" for those applicants whose parents (or a "Coyote") brought them in as a passenger in a vehicle on a crib or otherwise, and the passengers were "waived thru" by the Immigration inspector. That is considered a valid entry by Federal Courts of Appeal and treated as such by USCIS.

You need to question your parents or whoever brought you to the US as a child or infant, prior to answering that question.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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if you entered without inspection state EWI. If you oversayed your visa state visa overstay

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Overstay or EWI if you entered the US without being inspected.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I would put "none". You could put "none - EWI" which means that you have no status and that you entered without inspection. Entering without inspection means you did not go through customs or a border line when you entered the country (you entered without an immigration officer "inspecting" you). I don't think it is necessary to put "EWI" and I would not recommend putting it on there unless you are absolutely sure you were not inspected (See matter of Areguillin, where being "waived in" may count as inspection and may give an applicant a legal advantage when adjusting status).

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