Here's my case: Came to the US on a Tourist Visa (Legal entry, Feb 2012). - Stamp was valid until May 2012; Turned 18 on Oct 2014.;Graduated from High School (And have some extra college credit). ;Have a sister who is 21 and has Legal Status.; Clean record; No SSN, only Tax ID requested a couple years before my arrival (2006).
According to uscis.gov, I could request for DACA, except to their 3rd requirement on their Guidelines. "Have continuously resided in the United States since June 15, 2007, up to the present time; "
Should I risk it anyway? Have you ever worked with someone that was present in U.S. on June 15, 2012 but not since June 15, 2007?
Do I need to contact a lawyer to fill an HB144, or an affidavit, proving that I will apply for legal status as soon as I can?
To qualify for DACA you must have entered the USA on or before June 2006. Based on your facts you clearly do not qualify for DACA anyway you look at it.
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Don't waste the $465 ... you will be denied.
What is HB144?
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You have to be in the USA before June 2006 which does not appear to be your case.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
DO NOT apply for DACA, otherwise it will be denied and you will lose the $465 filing fee.
You do not qualify because:
(1) you must have been here in the U.S. continuously since June 15, 2007
(2) You must have had unlawful status on June 15, 2012 (B2 visitors usually get 6 months stay. If it expired before this date then you do meet this requirement but you still do not qualify because of #1 above).
USCIS is very strict in requiring proof of continuous presence. Here you are missing 5 years. There is no way it will be approved.
It's true, applying for DACA would be a waste of your money. However, there are always other options. You may want to sit down with an attorney to explore them and see if anything else can be done for your case.
I would definitely not apply because meeting that requirement of being physically present on June 15, 2007 is one of the mandatory requirements. You would end up being denied and lose the $465.00 filing fee.
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