My daughter came into the US illegally at age 13. She is now 16 and in school. She came around June 5, 2007 and enrolled in school the following September 2007. She seems to qualify for the Deferred Action except the part where we have to prove her presence since June15, 2007.
Would it be a risk to submit her application and use declarations or affidavits? We don't have any bills in her name to prove or medical records.
With other evidence (photos, medical records, receipts in her name, facebook, affidavits, etc.)
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with my colleague. You should think creatively and broadly about how to establish that your daughter was in the US on or before 6/5/2007. But, of course, do not fabricate or "make up" evidence. I suggest that you consult with an immigration attorney about the matter, in order to have the best chance of success.
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You would benefit from discussing it with an attorney. You need to be asked a lot of detail about where she was, what she was doing, any receipts, photos, letters, there are a ton of ways to prove it, but you do need to prove it. Declarations can also be used, but it will be very difficult if you don't also have something else.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.