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Dram act

Hickory, NC |

If I can prove that I was in USA at 15 years old , (2 days before turn 16) that's enough?

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Attorney answers 4


Amigo, it is not the "Dram" Act, but "DACA" that is coming on August 15...
That will be enough to prove your physical presence in the U.S. on the required trigger date, but nothing more. You'll need to provide documentary proof of 5 years of physical presence records, easily established through school records. USCIS will also likely accept affidavits in lieu of any missing records.


So long as you entered the US prior to your 16th birthday, you qualify on the age requirement. Whether you qualify under the rest of the requirements is a separate issue. I would strongly suggest that you consult with an experienced immigration attorney as soon as possible.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.


Hi. There was no law passed. It's critical that people understand that this is a temporary benefit and not status. The policy of Deferred Action for Childhood Arrivals is simply an agreement by DHS not to initiate removal proceedings against certain qualified individuals. In your fact pattern, you will have a difficult time proving your case. USCIS will question the validity of your statement as convenient. Be prepared to provide substantial proof including affidavits from non-family members, school records, medical records or other evidence of your assertion.


There is no dream act. If you are referring to deferred action, you must meet ALL of the requirements and prove that you meet them. Those requirement include that you entered the US BEFORE your 16th birthday.

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.