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Deferred action denied

Riverview, FL |

My two sons qualify for deferred action in everyway. However we received an RFE that they were in the US in 2008 - 2009. They were homeschooled during that year hence no evidence that they were in the US. They have never travelled out of US since 2005.
I got friends to testify an affidavit saying they have never travelled out of US since 2005.
The case was denied for both of them stating unable to establish continuous presence. I recently found we had theme park membership for the period asked for. Can I use the basis of the affidavit to request a review, since the affidavit clearly states they had been in US not travelling since 2005?

many thanks

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Attorney answers 4


DACA is a complete creation of the Executive. Hence, DHS enjoys almost unfettered discretion. You can refile but will need to address the problem. Make a consultation with a competent immigraiton attorney to brainstorm that. Obviously doing it on your own is not working for you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


I suggest filing again, perhaps with the assistance of an attorney. To establish physical presence, you can use:
• School records (transcripts, attendance records, yearbook photos, sports and club participation records, awards/certificates, teacher affidavits, etc.)
• A transcript from a private or religious school that is registered with, or approved or licensed by, appropriate State or local authorities, accredited by the State or regional accrediting body, or by the appropriate private school association, or maintains enrollment records in accordance with State or local requirements or standards. Such evidence will only be accepted to document the physical presence of an alien who was in attendance and under the age of 21 on the specific date that physical presence in the United States is required.
• Driver’s licenses or government-issued ID documents (passport, matricular, consulate appointments, etc.)
• Social Security card
• Photographs that show the printed date on the back
• Birth certificates of children born in the United States
• Marriage records or certificates
• Hospital and/or medical records showing medical treatment or hospitalization of the applicant or his or her children, showing the name of the medical facility or physician as well as the date(s) of the treatment or hospitalization;
• Utility bills (gas, electric, telephone) showing the dates during which the applicant received service
• Tax returns and tax documents
• Rental records (Lease, rent receipts, etc.)
• Other dated receipts
• Bank Statements or dated bank transactions
• Personal checks bearing a dated bank cancellation stamp
• Employment records (payroll receipts, W-2s, certification of the filing of federal, state or local taxes, direct deposits, applications, training certificates, attendance records, employer affidavits, etc.)
• Credit card statements
• Attestations by churches, unions, or other organizations of the applicant's residence by letter which: (A) Identifies applicant by name; (B) Is signed by an official whose title is also shown; (C) Shows inclusive dates of membership; (D) States the address where applicant resided during the membership period; (E) Includes the seal of the organization impressed on the letter or is on the letterhead of the organization, if the organization has letterhead stationery; (F) Establishes how the attestor knows the applicant; and (G) Establishes the origin of the information being attested to.
• Official records from a religious entity confirming participation in a religious ceremony
• Correspondence between the applicant and other persons or organizations, including copies of money order receipts for money sent in or out of the country (Western Union, etc.)
• Selective Service card
• Automobile license receipts, vehicle registration, driving records, etc.
• Deeds, mortgages, property tax payment, or contracts to which applicant was a party
• Insurance policies, receipts, or letters
• Any Federal, State or local governmental record that shows applicant was present
• If the applicant establishes that a family unit was in existence and cohabitating in the United States, documents evidencing the physical presence in the United States of another member of that same family unit.
• Criminal records or other Court records in which you were required to appear
• Airline or vessel records
• Military records (Form DD-214 or NGB Form 22)
• Immigration Court records
• Applications for immigration benefits or other submitted government forms
• Correspondence with immigration agencies
• I-94 Cards (Arrival/Departure Records)


Requesting a "review" of the denials and/or appealing the decision will be futile. It will be much better to instead re-file each case, pay the fees again and make sure to provide as much as possible of the missing evidence which triggered the denial in first place. Best to have a local immigration attorney prepare the DACA applications, since refling on your own might lead to one more denial and/or RFEs, and endless delays

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.


There is no appeal or "review" of DACA decisions. It will be necessary to refile another application addressing all the pertinent issues. You already tried this without counsel and received two denials. Don't you think it's time to retain experienced immigration counsel to help you?

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.