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Document checklist for Deferred Action application for DREAMers

Deferred ActionOn November 6, 2012, President Barack Obama got elected for a second Presidential term. This is good news for the DREAMers because their initial DACA applications will remain valid. If you have not applied yet, please read these requirements.

  • Who were under the age of 31 as of June 15, 2012
  • Came to the United States before reaching their 16th birthday
  • Have continuously resided in the United States since June 15, 2007, up to the present time
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Individuals who have been convicted with drug possession or even a single DUI do not qualify for the deferred action program.

Documents Required in order to apply for the deferred action:

PROOF OF IDENTITY AND AGE:

You must prove your identity and age (including that you were under the age of 31 on 06/15/2012). You
should also collect all your identity documents.

  • Birth Certificate (If it is in another language, must be translated and certified to English)
  • Passport (Expired and current) and/or
  • Matricula Consular (expired and current) or
  • Any other official photo ID

PROOF OF ENTRY DATE:

You must prove that you arrived to the United States before the age of 16:

  • I-94, Visa, or Border Crossing Card (if available), or
  • School Records / School ID card, or
  • Vaccination Records, or
  • Medical Records, or
  • Pay Stubs, or
  • Rental Receipts, or
  • Affidavit of witnesses present at the time of your entry (only those in legal status)

PROOF OF 5 YEARS CONTINUOUS RESIDENCE IN US AS TO 6/15/2012:

You must prove you have continuously resided in the United States at least from 06/15/2007 to present:

  • Driver’s license or other government issued ID documents
  • School ID card
  • Certificates / Awards from school
  • Tax returns, W
  • 2s, pay stubs from June 2007 to June 2012
  • Insurance (car / health / home)
  • School Records (cumulative transcripts are helpful)
  • Medical Records (including vaccination records)
  • Church Records (including baptism, communion, or confirmation records)
  • Community Service records (from youth groups i.e. Boys/Girls Scouts, or service organizations
    i.e. Boys and Girls Club)
  • Sports Records i.e. Little League
  • Bank account and/or credit card statements from June 2007 to June 2012
  • House title or lease/rental agreement
  • Utility bills (cable, gas, water, electricity, phone, etc.)
  • Memberships (gym, blockbuster, Sam’s club, etc.)
  • Birth certificates of children born in the US
  • Names of witnesses who can provide affidavits to support your case

PROOF OF PRESENCE IN THE US ON 6/15/2012:

  • Any receipts for purchases or ATM receipts made on June 15, 2012
  • Paystub or official time card showing June 15, 2012
  • Letter from employer(s) attesting to presence on June 15, 2012
  • Letter from landlord(s) attesting to presence on June 15, 2012
  • Date
  • stamped photos taken within the U.S. in an identifiable place
  • Letter from pastor/priest
  • Letter from coach

PROOF OF EDUCATION OR MILITARY STATUS:

You must prove you are in school or have graduated from high school, have a GED, or have been honorably
discharged from the military.

  • Proof of school enrollment (i.e. current transcript, proof of school registration) or,
  • High school diploma
  • GED certificate
  • Military discharge documents

It is very important to contact us if any of these, apply to your situation:

  • You have lawful entry documents (visa, I
  • 94 card, border crossing card)
  • You have been arrested or convicted for any reason
  • Immigration applications filed with DHS (i.e. Family petition I
  • 130)
  • Removal proceedings documents from DHS and the Immigration Court
  • Results of an FBI background check showing any stops at the border
  • Voluntary Departure order
  • Deportation order
  • Other immigration documents

If you have left the United States since 06/14/2007:

  • Travel documents
  • Documents justifying or explaining your absence

400 thoughts on “Document checklist for Deferred Action application for DREAMers

  • kevin

    hello
    i fit all the criteria in order to receive deferred action
    Although i was cited by my school police when i was 16 for fighting
    thats the only criminal record i have. is that a possibilitie to get denied defered action.

    Reply
    1. admin

      Hello Kevin, as long as you don’t have 3 misdemeanors, or a significant one (like a DUI) you should be able to qualify

      Reply
      1. tania

        I wanted to ask a really quick question I just wanted to know j got a GUI when I was 17 I was a minor. I got in Probation. For one year. O completed my probation completely
        My dui was brought down to a misdemeanor. Nd it got dissmissed and discharged.I wasn’t convicted do I still qualify for defferred action?

        Reply
  • Michelle

    I arrived in the USA in the year of 2000 when I was 5 years old and I went to school till 2007. I went back to Brasil on Decemeber 2007, and stayed there for 4 years. I came back to the USA in November, 16th, 2012. Am I qualified for the Dream Act?

    Reply
  • Antonio Garcia

    Hello, my name is Marco. My question is, I have gotten pulled over three times, I have received two criminal tickets and 4 civil tickets in the past 5 years. The criminal tickets were, one for driving with no license and second one for speeding on a road work zone. The civil one for speeding two for unsafe lane change and one for no license. how much does this affect me?

    Reply
      1. Marvin Garcia

        Driving without a license wont affect you as matter of fact traffic violations wont matter at all only DUI. Esta en la pagina de uscis.gov Informate!! This info is available on uscis.gov

        Reply
        1. admin

          Hi Marvin, not entirely true. If the USCIS believes you have a history of “reckless driving” they can deny the Deferred Action petition. Remember that each case is reviewed on an individual basis. Now, Antonio doesn’t seem to have “criminal charges” but the only way to know is to review the final court dispositions.

          Reply
  • Jose

    Hello,
    If i have past due traffic fines, that i might have an order for arrest for. Would that hinder my possibilities of acquiring differed action.

    Reply
    1. Gabriel

      It is always recommended to have an attorney when you file anything with the immigration service, if you can afford to do so. It is not uncommon for simple cases to turn very complicated on seemingly minor details of any given case.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Jacob

    Hello,
    I qualify for all of the above requirements except a few times, I was at the wrong place at the wrong time. I have 2 MIPs(minor in possession) and 1 PI(public intoxication. They are all 3 class C misdemeanors which makes me in-eligible. However, one of my MIPs and the PI may be expunged if was I apply for it to come off my record. Would I qualify then?

    Reply
    1. Gabriel

      Hi Jacob,

      Did these occur while you were underage? Go ahead and place a call to my office, and we’ll get an appointment to review your records, and I’ll see if there’s something I can do for you. there is an initial consultation fee of just $100.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • ivan hernandez

    My Mexican matricula ID expired two months ago, would still work to identify myself for the deferred action?

    Reply
  • luis

    Hi there,
    I fit the criteria to receive deferred action. Although i’ve had 3 driving without a license in California citations in the last the last 17yrs Ive lived in the US. Is this going to be an issue? I also purchased a home recently and want to know if any of this will be a problem and get denied?

    Reply
  • luis

    Hi there, I fit the criteria to receive deferred action. Although i’ve had 3 driving without a license in California citations in the last the last 17yrs Ive lived in the US. Is this going to be an issue?I also purchased a home recently and want to know if any of this will be a problem and get denied?

    Reply
      1. sonia

        Hi I just have a question I have 2 misdemeanor convection class A for shoplift do I still qualify for the.dream act

        Reply
  • Gerardo

    hello,
    where can I do a background check by my own? is it safe to do a live background check by my own?
    this is why i want to do a background check.

    in 2003 i was arrested by border patrol soon after i crossed the border.
    i was 12 yrs old at that time and the BP officers took us to an office. we were there for about 3 hrs and then they deported me and my mom back to mexico. while we were exiting out their office, i remember they made us sign a blank paper. What i don’t remember is if they took my fingerprints. in case they did, will that affect my application process even though its been 9 yrs?
    besides this, i fit all the criteria for deferred action.

    Reply
  • christian

    Hello,
    I lost my visa and passport and I am currently obtaining a new one but this won’t have the prints of the visa in the passport… will this affect the application and if so what can I do?

    Reply
  • Pat

    Hi!
    I also qualify fr the above criteria. However i am a working student.. I have SS but expired wrk permit.. Should that be a factor for being denied?

    Reply
  • Jose

    hello
    have all the requirements except the official one that proofs i was here before 16, i did not attend school after my arrival. however, the only thing i have to proof is a Sams club membership. i got it on sep/2000 and i was 15 years old when i became member.
    will that give me any help?

    Reply
    1. Gabriel

      you’ll likely need additional documentation to prove your presence here Jose. Letters from people you know might be something you’ll need. Feel free to contact my office for an appointment to speak with me. I’ll review your situation and we’ll see if there’s some other form of evidence we can get to prove that.

      best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Erika

    When me and my father crossed the border in 1995, the border patrol took us in and they took all my info down I was 8. Will that affect my deferred action status?

    Reply
    1. Gabriel

      The FAQ’s of the Deferred Action policy clearly state that an incident like should not affect your eligibility under the program. Feel free to contact my office for an appointment to see me.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • ariana de lira

    Hello,
    I have a very important question. I meet all the requirements asked for. But when I was 16yrs old I unfortunately commited a petty theft under $50 dollars at JcPenny. I also have 2 tickets for driving without a lisence (one at age of 12 and the other one at age of 17). When I was 16 I also got a curfew ticket for Dejaying (playing music at a party) too late. Would this affect me in any way? What if I pay them before applying?
    On the other hand, I have very good references and good grades in school. The community could talk good about me.

    Reply
    1. Gabriel

      Hello Ariana,

      If you just have the one misdemeanor, the driving without a license and curfew ticket, I do not think should affect your petition. It would still be a good idea to have a lawyer represent you in submitting the petition.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Roberto

    I fit all the criteria, but I have a question, I was 7 years old when I came to the US (I’m now 27) but we were caught by immigration at the border on our first attempt trying to cross. Is that still on the records and will that affect me? Thank you.

    Reply
    1. Gabriel

      According to the FAQ’s for the Deferred Action policy, Roberto, this incident should not affect your petition for Deferred Action. However, there is potential issue that you should be aware of and that is reinstatement. If you were removed with an official deportation order and you reentered, there is a potential risk in subjecting yourself to the immigration service. Contact my office for an appointment to speak with me.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
      1. Nehemiah

        Would i be okay if i send a copy of my W-2 form? It includes my fake social security number that i’ve been working with.

        Reply
        1. Gabriel

          Hi Nehemiah,

          I have dealt with people who have been using fake social security numbers. To be honest, we don’t know whether this will turn out to be a problem in the future or not. Therefore, if you can find any other sort of verifiable documentation to prove your presence during the time in question, you might be better off. I hope this helps.

          Kind regards,

          Gabriel D. Jack
          Attorney at Law
          http://www.mj-law.com

          Reply
  • Maria

    Hello,

    My question is that my sister and I were brought here by in 1995 and left for a year and half, we came back in 1997 (We been here since age 5). My U.S. citizen sister applied for citizenship in 2005 for us, we just received a letter from ucis saying that a visa number wasn’t available since they are still behind. We haven’t received any paper from ucis saying that we we’re deported or had to leave. My question is that when we applied the 1st time, my sister wrote in the application that we came in 1997, so I’m not sure if I should use the 1995 or 1997 date for the deferred action application. Please help.

    Reply
    1. Gabriel

      Hello Maria,

      I think the application just asks for your most recent entry, which would be 1997, which is true. If it asks for all of your entry dates, just enter them according to the most accurate date you think it might be. Hope this helps. Feel free to contact my office if you would like for me to review your paperwork.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Maria

    I fit the criteria as well. I had a legal and working Social Security number but it expired a few years ago. About a year ago I used that number to acquire a DMV license. Should I report it in my application or would I be incriminating myself? I am extremely worried that the DMV Driver’s License I have might be deemed illegally acquired and in turn be deemed a felony.

    Reply
    1. Gabriel

      As long as you did not claim to be a US Citizen when you acquired that Driver’s license, I would say there are numerous people who have driver’s licenses even though they have no immigration status. If it makes you feel better, submit your matricula if you have one, or your passport if you have it. The requirement is that you submit some form of ID. It does not specifiy that you must submit a driver’s license if you happen to have one. Hope this helps.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Lou

    Hello!

    I also qualify and have all of the documents ready. I did my taxes last year for the first time. Would it be necessary to take copies of that also?

    Also I have a punch card for my work on June 15th but i’m not “allowed” to work? Would there be any problem with that proof that I was here on June 15th?

    Reply
    1. Gabriel

      hi Lou,

      I have a lot of clients who are working without authorization. There is a recognition of this when we apply. I am using paycheck stubs to prove this point in my filings. Feel free to contact my office for an appointment to speak with me.

      best regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Francisco

    What if I was absent from school on June 15, 2012 because I attended my brother’s middle school graduation? I was not able to clear my absence because June 15 was the last day of school. However, I have pictures of the graduation taken on June 15, 2012. Can this suffice the being physically present in the U.S. on June 15, 2012 requirement?

    Reply
    1. Gabriel

      I have many clients who do not have documents that show presence exactly on that date, but I show documents such as school records and others that show it approximately. I believe that based on previous USCIS adjudication a in other types of petitions, they will likely accept such evidence. In short, I would say that I don’t you think you need such exact form of evidence to prove this requirement. Hope this helps.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      Www. Mj-law.com

      Reply
  • roberto

    hello, im roberto , i would like to ask you some things , well i am 21 years old how can i prove i was here before 16 if my parents always payed for everthing for me , i didnt got to school until i moves to ga (i lived before in ny) and i was 18 i have my certificated of attendance and now i just earned a medical assistant diploma but still have no way to prove im consfused can you help me
    ?

    Reply
  • juan

    i have everything ready i just have one question when i was 16 i was caught on school with brass knuckles and didn’t get arrested just got an appointment with the probation department and they let me off with a warning and they told me when i turned 18 i could go and clean my juvenile record if i do this will i be able to qualify or will i get rejected for this incident?

    Reply
    1. Gabriel

      Hello Juan,

      If that is all you have, I do not hunk ou should have any problem qualifying under the deferred action program. Feel free to contact my office for an appointment to see me.

      Best regards,

      Gabriel D. Jack
      Attorney at Law
      http://Www.mj-law.com

      Reply
  • Consuelo Almeida

    HI. I have all the requirements except for the immunization records. I am 27 and have no idea where they are. Are they a must? I do have my transcripts and the birth ccertificates of my sons that were born in 2003, 2007 and 2009.

    Reply
    1. Gabriel

      the immunization records are primarily just used to prove when you entered the country originally. You are permitted to use other forms of evidence to prove that.

      Reply
    2. admin

      Not all the documents listed here are required, but some of them. It is better to provide as much as you can but not all of them.

      Reply
  • Fabi

    Hi Im Fabi,
    Im wondering if Im elegible for daca. Im 30 years old. I was brought to U.S when i was 10yrs old that was in year 1992. I went to school here until i was 15yrs. Then i was taken back to my country in 1997 when i was still 15 and was brought back in 1999 when i was 17. Since then i have lived here in U.S for the last 13years. I went to school,worked and have no criminal history. Will that gap of two years desquilify me?? Thank you!!!

    Reply
    1. admin

      Your case will need further review by an immigration attorney to discuss the options you have. Feel free to call us at (408) 293-2026

      Reply
  • Jose Hernandez

    Hello i was just wondering. On my birht certificate i only have my mothers last name but not my dads, but on my diploma i only have my dads last name. Would this be a problem to apply?. I have my salvadorean passport expire with only my moms last name.

    Reply
  • lucia

    hello, i have a question, if there is no criminal record to show, is it still require to have some kind of paper saying that were clean and that there is nothing to show?

    Reply
  • Selene

    Hi :) I know that the Mexican government uses both last names of each individual for identification. However, since the US government only uses one (the paternal last name) and excludes the mother’s maiden name, my high school diploma has only my paternal last name. Is it true that in order for my HS diploma to qualify as one of the requirements and to be accepted by the application, it has to have both last names?

    Reply
  • Jaun

    Wat if you went to jail for a felony but they never convicted u kus dey never took u 2 court because when they interview you they gave you a chance & said dat if you behave good once u turn 18 They wil close the felony as if it never gappen? Would I still be convicted?

    Reply
  • Jose Martinez

    Hey i filled out my own paperwork and i was wondering is there a place were i can call and they can tell me if i filled it out right?

    I also was wondering i have my school transcrits my school ids my birth certificate my imuzation records no criminal history i was wondering do i need anything else?
    Thanks

    Reply
  • carlos M.

    Hi. I qualify for the deferred action but I just wanted to know if I don’t have anything proving that I was here from 2007 and now then what can I atleast prove that I was here?

    Reply
  • Fernando

    Hi, I was recently pulled a over. I had no idea why I got stoped. Cop said I didnot let a pedestrian cross the street than he found out I had no license. They twoed my truck and gaved me court. would that affect me for the deffer action?

    Reply
    1. admin

      Hi Fernando, usually these kind of traffic moving violations do not affect your application for DACA, as long as alcohol wasn’t involved, which apparently this is not the case. Feel free to call us for an assessment of your situation: (408) 293-2026

      Reply
  • tania

    hello i have all the requirements asked except for the fact that am having a hard time proving that i was physically here june 15. I have a son and his medical records show that i took him the month of may and august not june is that still good or no? i also play soccer on thursdays and i had the owner of the league write me a letter saying i was present thursday june 14 for my game is that acceptable? another way is up to august my son was receiving WIC checks for his formula and only i or my mom can cash those checks is there anyway i can show immigration that?

    Reply
    1. admin

      Hi Tania, all those could help. Do you happen to have any bank statements that show any ATM transactions on that day?

      Reply
  • carlos

    I have a question came to this country when I was eleven. I meet all the criterias however I had to leave the country in June 2012 and returned September 2012… Do I still qualify. I have a h2a visa. Which expires in june 2013

    Reply
    1. admin

      Your situation is different and needs to be assessed by an attorney. Usually the DACA is available only to individuals who are here without legal status or in overstay status, which is not your situation. Feel free to call us to schedule a consultation: (408) 293-2026

      Reply
  • Rossana

    Hi! I arrived to California in the year 2000(age 6). I was here until February
    2008(age 14) and I left back to Mexico because I was diagnosed with juvenile arthritis but since I didn’t have insurance it was to expensive to be treated here. I was in Mexico until February of 2009(age 15) when I came back to California. I have not left the US since 2009 and I have no criminal background, I’m currently 18 years old and graduated from High school in 2011. Would I qualify for the dream act??

    Reply
    1. admin

      Hi Rossana, the DACA rule allows you to leave the US for a short period of time, which is not your case. We need to analyze this situation carefully. Feel free to call us for a consult: (408) 293-2026

      Reply
  • Dalia J. Montano

    ONE OF THE REQUIREMENTS FOR THE DEFERRED ACTION, ARE TO TRANSLATE DOCUMENTS FROM SPANISH TO ENGLISH. FOR EXAMPLE THE PASSPORT AND BIRTH CERTIFICATE, DO THEY HAVE TO LOOK LIKE AN ORIGINAL BIRTH CERTIFICATE PAPER AND PASSPORT, OR ARE THEY JUST TRANSLATED AND PRINTED IN A REGULAR PAGE? IF SO, CAN I DO THAT MYSELF? NOW AFTER EVERYTHING IS FILLED OUT, HOW IS THAT TO BE MAILED? IS THERE A CERTAIN WAY, OR AS A REGULAR PACKAGE? I HOPE YOU CAN HELP ME, THANK YOU.

    Reply
    1. admin

      The translation has to be “word by word”, including logos, stamps and any other information printed in the page. It is not necessary to keep the “exact” formatting but it is better to have it as close as possible. Also, it is necessary to have it certified as an accurate translation. It can be done by you or someone else who is proficient in the original language and English.

      Reply
      1. Dalia

        Thank you very much. That was very helpful. Now I have done all of that already. Now I have 2 more questions..
        I have lost all my check stubs and also the A-# card I used along with the social security card which of course were both false documents. Do I really have to provide that? I can still prove that I have lived here since 98 to present year. Would that be a problem? I do not know those numbers by memory either. Hope you can help out… Thank you.

        Reply
  • Joel

    Hola buenas tardes señor abogado,,,
    To vivo en Texas y cumplo con todos Los requisitos el unico problema que se me presenta es que en el 2010 cuando yo tenia 19 años tube un arresto.. Yo andaba manejando con aliento alcohólico… Estube encerrado por 4 hrs para que el alcohol que tenia en mi sistema se me bajara.. Cuando salí de la cárcel no me dieron nada de probation.. Y no tube que pagar ningun tipo de fianza para salir de la cárcel… Me mandaron una cita para ir a corte con el juez local de la ciudad y solo me dijo que tenia que hacer 12 hrs de servicio comunitario y asistir a una clase de alcoholismo. Que tanto me afecta este arresto para poder aplicar para la accion diferida???

    Reply
    1. admin

      Hola Joel,

      El misdemeanor clase “C” en Texas es un delito considerado no tan grave como un “Felony”, pero un poco más grave que un misdemeanor normal. Es recomendable consultar a un abogado criminal que se especialize en DUI antes de aplicar para el DACA.

      Reply
  • Esbeidy

    I’ve been reading that you need a matricula consular but I don’t have one, all I have are school ID’s from when I was in school, would those be okay?

    Reply
    1. admin

      Hi Esbeidy

      You need to have one valid ID, like the matricula, or a passport in order to apply for the DACA, you can use an expired ID for purposes of show that you have been here all this time.

      Reply
  • eduardo

    hello on june 15 i was adsence for one of my classes. I got a paper from the school saying that i was adsence can i use this to prove that i was hear on june 15 and does it have to be an official paper.
    thank you

    Reply
  • Veronica

    I have been here since 1990 and recieved a visa which just expired. I left and came by land twice once in 1999 for 6 months and once in 2010 for two months because ny father had been deported. How can I show proof. They scanned my visa at the border.

    Reply
  • Noemi

    Hello i have not been in any kind of trouble with the law before but i would like to know if i can still qualify because i have seven traffic tickets.. no license in all of them and they are all paid off but they are quite a few so i want to know if it disqualifies me.. Ty

    Reply
  • Viviana

    Hello! I believe I qualify but my comcern if its necessary to put thape fake social # on the application ? And if I can use the check stubs as proof? Or would it be better

    Reply
  • helver

    hey i got all requirements for the deferred action theres just this possesiton of maryjuana 0-2 oz that i got but actually it was like two grams i guess thats the way the put it in my background check misdeamenor b in texas now i got this lawyer that told me that only if it was under 30 grams im qualified but in my background check it says 0-2 oz so it really doesent say the exact amount that they found on me only that possetion of maryjuana 0-2 oz misdeamenor b does that disqualified me even though i have all the requirements aand graduated here and im 24 and came to the us when i was younger than 1 year old so i have 23 years here and i have proof too

    Reply
    1. admin

      Hi Helver,

      The regulation indicates that: A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and:

      1) Regardless of the sentence imposed, it was an offense involving domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,

      2) If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

      So, it is important to get a police report or a court document where the amount is mentioned. You should consult with an immigration attorney to check your case and see if you qualify.

      Reply
    1. admin

      Pretty much mentioning that you were present at work on June 15, 2012 and you had a normal shift or work day. The letter should be in letterhead and signed by the employer. Also, you can use a paycheck stub or ATM transactions from that day.

      Reply
  • Ricardo

    Hi i was wondering if i qualify i gotall therequirements exept that i got here when i just was turning 17 im 24 years old and finished college my wife already got hers please help me dont know if apply or just wait for something else thank you alot

    Reply
    1. admin

      Hi Ricardo,

      Unfortunately, you don’t qualify for the DACA. The rule says that you should have entered the US before your 16th birthday. Feel free to contact us to explore other options.

      Reply
  • Riki

    Hi,I already submitted the required papers with a lawyer for the deferred action,and been aproved or so I think lol,and I got an appointment at USCIS for my BIOMETRICS tomorrow friday afternoon,Im extremly nerveous,the notice by mail says I got to take that paper and an state issued ID,will my mexican consular be enough? Since thats the only ID I got besides the old 4 High school IDs,what will they ask? can someone else go with me?are there inmigration officers in there?
    Thanks

    Reply
    1. admin

      Hello Riki,

      Your case unfortunately, has not been approved yet. What you have so far, is a receipt for your request of deferred action and now you have to go to the biometrics appointment. Don’t worry too much, they are only going to take your photo and fingerprints. Now, US Federal offices don’t accept the “Matricula” as a valid ID and we have seen cases where the applicants are denied entry to the biometrics appointment. It is necessary to obtain a Mexican passport. It is possible that the USCIS officer might grant you access to the appointment, but that’s pretty much the exception to the rule.

      Reply
  • Brenda

    Hello! I think i meet all the requirements but still have a question.. I came to USA on 1997 (was 15 years old) with tourist visa. Stood in the country until 2001. Went out of the country to mexico to renew my visa and come back to USA on 2002. I was coming and going of the country but never overstaying, until 2006 that I stayed without going out up to now 2012. Will this gaps affect my eligibility to apply to deferred action?

    Reply
    1. admin

      Hello Brenda,

      The regulation says that a casual, innocent absence does not affect the request for a deferred action. In your case, it is advisable to consult with an immigration attorney and review how many times and for how long you left the country. It might be an issue in your case.

      Reply
  • Rachel

    hello,
    I can’t find my passport that has my visa (which expired) and to prove when I entered US but would my other document such as schooling to cover that??
    or is it required to have the first passport that I used to enter US?

    Reply
    1. admin

      Hello Rachel,

      No, having the original passport is not absolutely necessary (but we suggest to keep looking for it, because it can be really necessary in the future, especially if you get married to a US Citizen). If you have school records and transcripts, that’s usually enough. One of the documents we recommend having is a valid passport. Please contact the consulate of your country of origin and request a passport.

      Reply
  • Erica

    Hi,
    My husband will be applying for deferred action and he qualifies for everything above. Our only problem is that I don’t think we have proo of presence on June 15, 2012. He hasn’t been working, he stays home and takes care of our 3 year old daughter. He has never left the country since he was broght here when he was 8 months old. Also, if he gets approved for deferred action can he then apply for residency without him getting deported since we are legally married and I am a U.S. citizen.

    Reply
    1. admin

      Hi Erica,

      If you don’t have proof of presence like a paycheck stub or an ATM transaction receipt, you can get an affidavit/letter from a Priest, Pastor, Coach, Teacher or some community organization who knows your husband and can mention that he was present in the United States on that day. The deferred action does not make him ineligible for adjustment of status, that means, he could still look for the permanent residence in the future.

      If you need a legal consultation to explore his options, give us a call.

      Reply
  • Carlos Janzen

    Solo tengo una falta para calificar a DACA soy legal, tengo F1 (la renove Mayo 15 2012) despues de completar el OPT; tengo un AS degree con un GPA de 3.45, me es dificil econimicmente continuar a un BS y aplicar a una visa H1 . Si hay discresionalidad en la aprovacion de DACA tengo chance ? … puede usted ayudarme estoy acabando mis reservas para continuar, he vivido en USA desde los 12 anos siempre legal primero con H4 y despues F1.
    gracias por su consejo
    Carlos

    Reply
    1. admin

      Hola Carlos,

      Parece mentira pero el DACA está disponible sólo para personas que se encuentran fuera de estátus legal. Ahora, si renovaste la F1 y actualmente no estás estudiando, técnicamente estarías fuera de estátus legal y sí podrías calificar. Es mejor asesorarse con un abogado. Saludos

      Reply
  • Rosa

    Hi, I qualify for all the requierments but i have a misdemenor of Theft II would that affect my chances of being able to qualify?

    Reply
  • David

    Hello, I qualify almost all the requirements, except this one:
    *Have continuously resided in the United States since June 15, 2007

    I came to the U.S.A in March 2008, does it mean that i don’t have a chance to be eligible, and automatic disqualify.
    Thanks.

    Reply
  • Sue

    Hello, Please help in answering my question. I have been tormented and been weeping these last few days for which 1 week after my atorney mailing my Dream Act application I commited a first offense for petit larceny which they photographed me and gave me a ticket. I am only 16 and if they have already approved me or go get my fingerprints done I am scared they will not approve me. My life is over for commiting one mistake of stealing lipsticks. Do you think they will not approve/accept me?

    Reply
    1. admin

      Hi Sue,

      Most likely your DACA case will be granted, but stealing a lipstick (or anything else) is a very bad idea. By trying to look nice, you could put an ugly stain in your record. Don’t do that again.

      Reply
  • Pingback: You sir, are awesome!

  • edgar

    Can someone help. My case is very peculiar. I’ve have been here in the United States, since 1996. My step-father petitioned for me once before in 2003 and I left to Mexico in 2006 due to our case been accepted. The problem is that in 2006 when i left I was 18, I was in Mexico for about 5 months from may 2006 until november 2006. Also when we had the appointment the case was denied. So I re-entered the United States again in November 2006. Does this disqualify me for DACA. Please help!

    Reply
    1. admin

      Hello Edgar,

      The rule says “A casual, innocent and brief exit” of the US. In your situation, you went to the immigrant visa interview in Ciudad Juárez I believe. 5 months will hardly will be considered “casual, innocent and brief exit” by the USCIS especially if you got your case denied and re-entered the US. I highly advice discussing this situation with an immigration attorney, but most likely you will not qualify for the DACA.

      Reply
  • Manny

    Hello there,

    My initial entry to the U.S was back in 1996 and I stayed here for a few years without a legal status. My family returned to Mexico but we returned in the summer of 2000 and I’ve been here ever since with no absences, I have a clean record, graduated High School in 2010. Does that abscence disqualify me from DACA? Given the chance I’m approved and given a work permit can I then use that permit to apply for college and financial aid? Thanks. Feel free to e-mail me your response as well.

    Reply
    1. carlos

      I was wordering if with defer action i can go get my medical marijuana card in California..all u need is id n social security..and will it affect me?

      Reply
    2. edgar

      It says the that you had to be present in the USA from 2007 to 2012 im trying to find more info on this matter. I dont know if earlier dates affect in this matter as one of the requirements in been present 5 years consecutively for 5 years from 2007 to 2012.

      Reply
  • Alma Bolanos

    Hi I have all the requirements but I have 2 on payed thickets for truancy and one payed one for j walking and one for avoiding payment for a bus ticket well that afect my application

    Reply
    1. admin

      Hi Alma,

      In theory those should not affect your application for DACA but it is better to consult with an immigration attorney. Potentially, the USCIS officer could require to schedule an interview with you.

      Reply
  • Carmen

    Based on the requirements I qualify but I have one important question. I came here back in ’91 but when I started pre-k my mother decided to only put my middle name and erase my actual first name. All thru my school years (even my college years) I’ve used my middle name. But when I started working I used my real name. Will I have a problem? Do I qualify?

    Reply
    1. admin

      Hi Carmen,

      Do you have an ID (preferably a passport) that shows both your name and middle name? Also, if you have other documents to prove you have been here besides paycheck stubs, it would be preferable. Feel free to schedule a consultation to review your case.

      Reply
  • oscar

    Hello,my question is. I fit all the critiria,but I don’t have my border crosser visa or the permit they gave me,its it possible to track that permit back? And I crossed into the u.s. 1999 but I used to go back and forth to visit family in mexico the last time I crossed was sep 2001,which date should I use the one from the first time I croossed or the last time I crossed?? I was enrolled in school since 1999

    Reply
  • louisa

    my question is my husband has his appointment for his finger imaging he has 3 tikets one already in warrant will they arrest him if he goes to this appointment i need to know if this is goin to affect him for his appointment

    Reply
  • David Guzman

    Hello
    I have a quick question. What are the requirements for having your birth certificate translated? Do you have to have it notarized or is there another way?

    Reply
    1. Dalia

      David, I am not a lawyer but I’m also applying for this. The translation does not have to be notarized. You need to have some one that can speak and write English good enough to translate. Go to dreamactinfo where you can get a template. Have someone with English speaking skills to translate and sign the page where it requires. You can not do that on your own, even if you speak and write English. I hope this was helpful to you.

      Reply
    2. admin

      Hi David, Dalia is right. All you need is a translation certified by someone who is competent in your native language and English.

      Reply
  • Jose G.

    Hi, I was just wondering if it was a huge problem that in the year 2006 around August I left the country, then came back around July 2007, but got caught like 3-4 times at the border! I was 16 at the time and was traveling with my mother! At one point I tried crossing on my own and immigration sent me to an orphanitory in Nogales Sonora! As soon as I got to the US I registered back in school but Before all that, I’ve been here since I was 2-3yo, I have my school records from kinder to my HS diploma! Would it be a problem because I got held by immigration and it was on July of 2007? Thank you!

    Reply
    1. admin

      Hi Jose,

      It is imperative that you consult with an immigration attorney about your situation. If you got expedited removal at the border *(instead of voluntary departure) most likely you will not qualify. Call us for a consultation (408) 293-2026

      Reply
  • Diego

    Hi
    I came to USA in 2003 at the age of 17 and 6 months
    I went to college and I graduated last summer.
    I have not criminal records is any way that I can apply for differ action even though I came here at the age of 17 ?

    Reply
    1. admin

      I’m sorry but the regulation says you should have entered before the age of 16, therefore, you will not qualify.

      Reply
  • Manny

    I was absent for about 3 years.. I know that’s not brief by any means. But will the government cut me some “slack” since I was only 6 at the time? Also I know it’s not ethical but what if I put my second entry date as my initial entry date to avoid amy complications? I actually don’t have any of those permits or visas so I wouldn’t qualify but I will talk to some counselors thanks!

    Reply
    1. admin

      Please give us a call to discuss that in a confidential manner (408) 293-2026. Listing your second entry doesn’t necessarily mean is unethical but it is important to know if you were under 16 when you entered the second time.

      Reply
  • Maria

    Hi,
    I meet all the requirements..but 3 years ago I did something that I regret I got a ticket for theft under $50 and is considered a misdemeanor c..I’m 21 years old right now… got everything resolved and my ticket got dismissed,would I still qualifie??

    Reply
    1. admin

      Hi Maria,

      Sounds like you qualify as long as you meet all the requirements. Feel free to call an attorney and consult your situation.

      Reply
  • Dalia

    If I do get schedule for biometrics, what tipe of ID will I need? I dont have a government issued ID.. but I do have my consular ID and my passport. Will that be enough?

    Reply
  • Pedro s

    Need advice. I had several tickets for an obvious reason driving without a license i waited to long they became bench warrants. I went to court and spoke with judge and i was granted a payment plan. Now im paying on time i owe aprox. 2800 dollars i dont have that money but im paying it on time. Will that affect me? would it show that in the biometrics? ps. I dont have that money to pay it anytime soon in full.

    Reply
    1. admin

      It is advisable to consult with an immigration attorney. Most likely, you will qualify but it is possible that an interview with an immigration officer will be required to clarify all this.

      Reply
  • edgar

    I’m sorry for bothering you again. But I dont think you read my comment well!! I said that I left the USA in 2006 for 5 months and came back in that same year! To apply for DACA one of the requirements is to be here from 2007 to 2012 consecutively and any absences between 2007 t0 2012 would be looked at. But I have no absences from 2007 to 2012. What I needed for information was that I left the USA and came back illegally as I was still a minor I had just turned 18 and those decisions were made by my mother. I entered the USA twice. Yes I have been in Juarez like you said, but I need to know if been denied and coming into the USA twice, disqualifies me. Thank You!! Sincerely, Edgar

    Reply
    1. admin

      Hi Edgar,

      You mentioned that when you went to Ciudad Juárez you were 18 already, is that correct? If at the time of the interview you have spent more than 6 months unlawfully in the US, but less than a year, you got a 3 year ban (which has expired already) but if you got a 10 year ban, you will likely be removed of the US. Please talk to an immigration attorney before filing a DACA case. And please, don’t take this answer as legal advice.

      Reply
  • jose g

    I don’t think I got expedited removal because they made me sign a voluntary departure. although they did keep me in at the immigration office for about 3 hours when I tried crossing on my own, then got transferred to a Mexican orphanitory. I do have some attorneys working on that its a little expensive tho, are you guys located just in California?

    Reply
  • Cintia S.

    I have a quick question, I qualify for deferred action, but one of the documents being ask for is a passport. I have my matricula from ARG. and my identification card. But my embassy is giving me trouble with my passport. I will not be able to obtain it for another year. Will this effect my chances to qualify for the program.
    – thank you

    Reply
    1. admin

      Hi Cintia,

      Normally the passport is required only to enter a federal government building, in this case, the biometrics appointment. Usually other state ID is accepted as well, so the passport is not absolutely necessary.

      Reply
  • Evelin

    I have all the documents that i should have except the passport and i cant get it because of my father, but do you still think i can apply with just my birth certificate and school ID’s? thanks you.

    Reply
    1. admin

      Hi Evelin,

      Yes, you can. The passport is not a requirement to apply, but it is usually needed for the fingerprints / biometrics appointment in case you don’t have any other valid I.D.

      Reply
  • Carolina

    If I do get schedule for biometrics, what type of id will I need? I don’t have a passport and wont be able to get it because of my father, do you think my birth certificate or school id would be enough?

    Reply
    1. admin

      Hi Carolina,

      Usually Federal government buildings require an official state issued ID. In most cases we know they accept a matricula or other form of ID, but in other cases, they only accept a State issued ID, Drivers License or a valid Passport. It is better to have the passport but if you can’t, chances are your matricula will be accepted.

      Reply
  • Abraham

    I qualify for everything but I have a “disturbing the peace” and a possession of marijuana that was dismissed and a driving without a license on my record will this affect me if I applied for the Deferred Action?

    Reply
  • Norberto M.

    I have already applied for the deferred action program and I just recently got my two receipts in the mail. But I got caught with marijuana at school. I’m only 17 and I was wondering wether or not getting a marijuana possession charge would make me unelligble for the program. I have not gotten my biometric paperwork as well.

    Reply
    1. admin

      Hi Norberto,

      Most likely your case will be approved, but be very careful with that kind of things. Probably an immigration reform will be passed soon and the last thing you want is to have a criminal record that could potentially put you in removal proceedings. Be smart, stay out of trouble.

      Reply
  • juan

    I have two minor traffic tickets that turned into warrants. Can i still apply or will i be denied because of the warrant? I have a documents ready but dont know what to do please help..

    Reply
  • Omar

    Hello, I meet all of the criteria for deferred action. I came to the US with a tourist visa when I was 8. I have never left the country, I graduated from high school, and I just turned 29. However, my passport and my matricula are expired. Will that be a problem?

    Reply
    1. admin

      Hi Omar,

      Just get your passport renewed. It will be necessary to show it to the USCIS officers when you get your fingerprints and photo taken at the biometrics appointment.

      Reply
  • Lin

    Hello I was wondering if you really have to proof every year!?? I came when I was 10 since 2000 but my parents dropped me out school in December 2005 And I cannot proof with nothing that I didn’t go out the us after June 2007 I got marry and until now I have proofs, but is just for the year 2006 that I have nothing can I still qualify??

    Reply
  • Juan

    Hello!
    I just have an inquiry that is frightening me. I have already sent my application and have my biometrics appointment next week. 9 years ago when I crossed the border with my family, even though I was 13 years old at the time. We got caught by border patrol and taken to a detention center. They scanned my fingerprints. I don’t know if and how it will affect the decision on my case. I didn’t give it much thought about it when I sent my application but it’s all I can think about since I got my biometrics appointment.

    Reply
    1. admin

      Hi Juan,

      If you didn’t get a deportation order but instead, your parents (including you) got a voluntary departure, you should be ok.

      But if you and your parents got an expedite deportation order, your case most likely will be denied. Ask your parents about that. If they got to sign a piece of paper and got sent back, most likely you got a voluntary departure.

      Reply
  • Jorge

    I received a California VC 31 while gettting pulled over for a traffic citation. It was filled as a misdemeanor. Is that considered a significant misdemeanor?

    Reply
    1. admin

      Hi Jorge,

      It is not a really bad offense but it might be a cause for an interview with a USCIS official. Please consult with an immigration attorney to review the plea and final disposition.

      Reply
    1. admin

      Hi Miguel, the regulation says that you must have obtained a High School Diploma of a GED. It is imperative that you start a GED in order to qualify.

      Reply
  • Jennel

    hi,
    I have been in the states since I was a year old. I have graduated Highschool in texas. I was deported for the first time november 28th 2011, I came back into the states June 2nd 2012, and was deported again july 24th 2012. I believe i have two misdameanors- one for theft, and one for possesion of drug parifinal(weed), I trying to get my offical record to make sure, could i qualify if i fill out a waiver petition also? Does it help that I plan to marry an american citizen? I am 28 now
    Thank you.

    Reply
    1. admin

      You don’t qualify for the DACA. And you should consider consulting with an immigration attorney about your situation because if you have been removed twice from the US, potentially you will not be able to adjust your immigration status even by marrying a US citizen.

      Reply
  • Yessica

    Hey I have a question,
    I had 2 traffic tickets that I was currently on payment plan on, they were for driving with no licence. I got those like 2 or 3 years back BUT RECENTLY a cop pulled me over and gave me another ticket for suspended license it’s a misdemeanor but that’s 3 tickets and I’m worried about being denied. I had turned everything in and a day after my biometrics appoitment the cop pulls me over. Please help me

    Reply
    1. admin

      Hi Yessica,

      Most likely will not affect your DACA decision. If the USCIS has some further questions you might be scheduled for an interview.

      Good luck!

      Reply
  • cristina

    hi i meet all the requirements for deffered action but i have two shoplifting records one when i was 16 and one when i was 21 i am 24 now will that affect me can i be disqualified by yhat?

    Reply
    1. admin

      Hello Cristina,

      Most likely you still can qualify but it is advisable to consult with an immigration attorney and review your records.

      Reply
  • yovany

    i sent my papers last month and i still haven’t got anything in the mail how long does it take and is there a way that i can check if they have arrived yet?

    Reply
    1. admin

      Hi Yovany,

      It depends in what state you live in, but normally it takes about 10 days to get 2 USCIS I-797C receipts aknowledging the filing. Make sure you filed your case with the correct USCIS service center:

      Where to file your DACA case:

      If you live in …

      Arizona or California:

      USCIS Phoenix Lockbox Facility

      USCIS
      P.O. Box20700
      Phoenix, AZ 85036-0700

      USCIS Phoenix Lockbox Facility for Courier Delivery:

      USCIS
      Attn: DACA
      1820 E. Skyharbor Circle S
      Suite 100
      Phoenix, AZ 85034

      If you live in …

      Alaska, Alabama, Arkansas, Florida, Guam, Hawaii,
      Idaho, Iowa,Kansas, Louisiana,Minnesota, Missouri, Mississippi,
      Montana, North Dakota,Nebraska, New Mexico,Oklahoma,
      Puerto Rico,South Dakota,Tennessee, Texas, Utah,
      U.S. Virgin Islands, or Wyoming:

      USCIS Dallas Lockbox Facility

      USCIS
      P.O. Box 660045
      Dallas, TX 75266-0045

      USCIS Dallas Lockbox Facility for Courier Delivery:

      USCIS
      ATTN: DACA
      2501 S. State Hwy.121, Business
      Suite 400
      Lewisville, TX 75067

      If you live in …

      Colorado, Connecticut, Delaware, District of Columbia,
      Georgia, Illinois, Indiana, Kentucky, Massachusetts,
      Maryland, Maine, Michigan, Nevada, North Carolina,
      New Hampshire, New Jersey, New York, Ohio, Oregon,
      Pennsylvania, Rhode Island, South Carolina,
      Virginia, Vermont, Washington, Wisconsin,
      or West Virginia:

      USCIS Chicago Lockbox Facility

      USCIS
      P.O. Box 5757
      Chicago, IL 60680-5757

      USCIS Chicago Lockbox Facility Courier Delivery:

      USCIS
      Attn: DACA
      131 S. Dearborn – 3rd Floor
      Chicago, IL 60603-5517

      Reply
  • Miguel sosa

    Hello, i have a question. I meet all of the Requirements and Im also married with an American citizen and I already got my I-130 approval. I was thinking to apply for DACA but about one year ago I was charge with a reckless wet driving. I went to my 12 hours classes and pay my ticket accordingly. As I said previously it has been over one year now and that is all I have on my record as far as something criminal. Do I have a chance to qualify?? Please let me know. Thanks

    Reply
    1. admin

      Hello Miguel, your case seems to be most likely to be approved. But please consult with an immigration attorney to make sure there is no other outstanding issue that might complicate your case.

      Reply
  • Grissel

    Hello, I meet pretty all of the criteria except that I have no proof of residence on June 15, 2012 or anything closer except a couple of emails from my husband the day before and a couple of days after. I have nothing under my name. My husband is in the USAF and he was deployed at that time. Everything is under his name: insurance, lease agreement, cell phone, etc…Is there any way we can get any help from the base or anyone from a higher rank? Or how can I prove that I was here, I spent that day at home. Thank you!!

    Reply
    1. admin

      Hi Grissel,

      Is there an employer or someone in the community, church or any other kind of organization who knows you well and can write a letter/statement that you were present in the US on that date? That is usually accepted by the USCIS. If you have questions give us a call. (408) 293-2026

      Reply
  • Junior

    Good morning, I appreciate you for taking the time to answer everyone’s questions. I meet all of the requirements, but have a concern about having a lawful status expire as of June 15, 2012. My I20 expired on May 5, 2011, as I completed my MBA and my student visa shows an expiration date of January 8, 2012. I received an Ead card for my opt, which expired on July 4, 2012. Would I qualify for this program? Thank you

    Reply
    1. admin

      Hi Junior,

      Unfortunately you do not qualify for the DACA, but fortunately, you can still qualify for another visa like the H1B or TN if you’re from Mexico. Please call us ASAP to review your situation. (408) 293-2026

      Reply
  • Vladimir

    Hello i meet every thing but my mom took me to mexico when i was 16 in 2010 because my grandma was really ill (i have evidence) and then came backa at age 17 do you think i qualify i was out of the united states about 9 months

    Reply
    1. admin

      Hi Vladimir,

      Possibly, you will need to show the evidence but most likely your case could potentially be denied. It is advisable to consult with an immigration attorney.

      Reply
  • Octavio

    Hello. I am currently 22 years old and was brought here at the age of 1. I have no crimes but I do have a question. How would I go about translating my Mexican birth certificate? I plan on using that along with all the school Ids I have as identification. Would that work? Also I heard I need a letter from a non family member stating my necessity and showing that I am a good person. Is this true? And do I need to send all original documents or are photocopies good too? And finally, do I need to get anything notarized?

    Reply
    1. admin

      Hi Octavio,

      You don’t need to send originals, only copies. The birth certificate can be certified by anyone who is competent in English and your native language.

      You do not need a letter from a non-family member stating necessity at all. Notarized documents are not necessary either. I’d suggest consulting with an immigration attorney and see if you have all your paperwork done correctly.

      Reply
  • Renato

    Hello,

    I meet all the requirements. I have been in the US for 20 years, I am now 24. When I had just turned 18 I was with the wrong friends and got 2 misdemeanors on burglary at a store on the same day. I was told by another attorney I could absolutely NOT apply for deferred action. Do you think there is any way around it?

    Reply
    1. admin

      Hi Renato,

      Were your misdemeanors petty thefts? What was the final judgement? Please call us to clarify that (408) 293-2026

      Reply
  • Karla Vargas

    Hello my name is karla i came to the u.s on the summer of 2001 when i was 7 years old with my visa bcc and a mexican passport i went to school right away and i recently graduated from high school on june 6 2012 i have been arrested but as a minor when i was 17 they told me the charges would get dropped after i completed community hours but im not sure if that affects me right now if i apply for this. As of that time i have never been arrested. almost a month ago i went to renew my passport and matricula consular card i just want to know if i can apply for this and where do i go to apply.

    Reply
    1. admin

      Hi Karla, seems like most likely you qualify, but please consult with an immigration attorney about that arrest issue, just to make sure is nothing significant.

      Reply
  • martha chavez

    Hi, i qualify for all the criteria i just wanted to ask i got a ticket for drinking in public, went to court and declared myself guilty and payed the fine. Will this affect me?

    Reply
  • Susana

    Hello,
    I meet all the requirements, I got here at age 12 in 2002 and Im currenlty 23. When my mom and i crossed the border for the 1st time, they caught us and send us back to Mexico as a voluntary departure, a couple of days later we tried again for the second time and we passed. Will that affect me?
    I was also pulled over and arrested 3 times for driving without a drivers license, never in jail. 1st for speeding. 2nd for driving with license plates suspended for “supposly” not having insurance (but i had insurance and i have proof). 3rd for leaving the scene on a crash accident (i didnt really leave & it was the other persons fault). But it’s all on my record, will that affect me?

    Reply
    1. admin

      Hi Susana,

      Most likely not, a voluntary departure doesn’t disqualify you for DACA.

      The driving record is a little bit more concerning, you should consult with an immigration attorney on a confidential manner about that, especially to review the final court dispositions.

      Reply
  • Eddie

    How unfortunate it feels to me that because we entered this country at 17 yrs of age which is only one year after the so restricting and narrowed age of 16, we the 17 teens will not be granted with this desperately needed lifetime opportunity. Despite the fact we were still young and underage, i consider this unfair, unfortunate and very inhumane for many young talented people like me. All this people in power, still the richest most powerful in the world and not being able to come to terms with such an incompetent and still till this day broken immigration system.

    Reply
  • Brenda

    hi,
    I meet all the requirements, i have a ssn and says not valid for employment. i been working with that ssn for one and half year and filed taxes with it last year, is that a fraud.

    Reply
  • Anne

    Hi,

    I came to the U.S. with a tourist visa. I still have my I-94 arrival/departure record. I meet all of the requirements for the deferred action, but how will my I-94 card affect my application?

    Reply
    1. admin

      Hi Anne, your case is very common. Your I-94 can be used as a complimentary document only for the purpose to show the date and port of entry when you arrived. It does not affect the outcome or the decision of your application.

      Reply
  • Jackie Vase

    HELLO ,, I CAME HERE IN MAY 2007 BUT DIDNT ENROLL SCHOOL UNTIL DECEMBER OF THE SAME YEAR … AND DONT HAVE ANY MEDICAL RECORDS, THE ONLY PROOF I HAVE IS MY FAMILY MEMBERS AS WITNESS, DO YOU YTHINK I WOULD HAVE PROBLEMS? AFTER THAT I FILL ALL THE CRITERIA! PLEASE GIVE ME FEEDBACK! VERY IMPORTANT TO ME!

    Reply
    1. admin

      Hi Jackie,

      Your family members can’t help you with that, but, is there a Coach, Pastor, Priest, Employer or other community based organization that can give you a letter stating your presence in the US?

      Reply
  • teresa

    Hello, I believe that I have all the evidence I need to qualify but on the work permit form, it asks to list your assets and expenses. I own a home, if I mention it will it affect me in anyway?

    Reply
    1. admin

      Hi Teresa,

      No, it does not affect you at all. Usually the list of assets is used to help low-income petitioners to waive the DACA fees

      Reply
  • John

    Below the requirements for the deferred action it says “It is very important to contact us if any of these, apply to your situation: -You have lawful entry documents (visa, I-94 card, border crossing card)”
    Is the border crossing card referring to B1/B2 Visa/BCC? And what is the significance of having one? Does it mean people with that visa can’t apply for the deferred action?

    Reply
    1. admin

      Hi John,

      You can apply for the DACA if you entered with the border crossing card (B1/B2 Visa/BCC) and you can use the I-94 to prove the date of entry to the US. (It is important to make sure you are no longer in valid status and meet all the criteria). Also, in the future, if you marry a US Citizen you could potentially obtain your permanent resident status, so, take good care of that visa/BCC

      Reply
  • Ramen

    Can someone answer y question please… When i was 15 i got caught for disturbing
    The peace ad resistin arrest.. The case was closed will this pit me at jepordy???

    Reply
    1. admin

      Hi Ramen,

      No, potentially should not affect your DACA case. Please consult with an immigration attorney to discuss that in a confidential manner

      Reply
  • Ramon

    will i still be able to qualify for deffered action.. when i was 17 i was caught for petty theft i had probation but did not complete and the case was closed..and when i was 14 i was sent to juvenile hall for disturbing the peace and resisting arrest i only stayed their for 2days and had probation but failed to complete so the case was closed… will i still be able to to qualify???

    Reply
    1. admin

      Hi Ramon, I don’t know if your case is the same that I just answered, but you should consult with an immigration lawyer in a confidential manner. If you were never convicted as an adult, you can potentially file for DACA, but consult with an attorney first.

      Reply
  • John

    Thank you for answering. One other question though. When I entered the U.S. I passed by car from Tijuana and I wasn’t given the I-94. All that happened was the person looked at me and my family, looked at our visas and said go on and didn’t get the I-94. My visa is valid for another year. Can I still apply for the diferred action? Am I still considered in valid status if my visa is good for another year but don’t have the I-94? All I have that proves my date of entry is the airline ticket though it’s with destination to Tijuana and I have a document that says when I was enrolled in a U.S shool for the first time which was 20 days after I arrived in Tijuana according to the ticket.

    Reply
    1. admin

      Hi John, did you get a stamp in your passport? Otherwise don’t worry too much. As long as you entered the US under 16 years of age and you comply with the requirements, you should have no issues to apply for the Deferred Action. Please call us if you have questions and want to consult your options

      Reply
  • Gustavo

    I meet all the requirements but a little after I turned 18 which was about a month ago, I got charged with theft. I’m talking to a lawyer and he said he can lower my theft charge to a class c misdemeanor. Would I still qualify?

    Reply
    1. admin

      Hi Gustavo,

      Was it a petty theft? If the misdemeanor is class “C” (Do you live in Texas?) it usually is not a big deal and it should not affect your DACA petition, but please consult that in a confidential manner with an immigration attorney.

      Reply
  • carmen

    Hi. I was approved for deferred action. I received the employmet authorization card today, but my question is can i get socil security number? On the papers that I received doesn’t say nothing about social security.

    Reply
    1. admin

      Hi Carmen. Congratulations! Yes, you need to go to a Social Security Administration office and apply for your SSN. It usually takes 15 days to get it and it is mailed to your address. When you get your SSN card, go to the DMV and apply for a driver license / State ID.

      Reply
  • Jonathan

    Through a work permit, people can get a social security if I’m not mistaken. Does that social security expire just as the work permit expires? Also, once someone gets a social security with the work permit, can that social security number be used for FAFSA even if the person isn’t a resident or citizen of the U.S.?

    Reply
    1. admin

      Hello Jonathan,

      The SSN is for life. But the card has an annotation that says “Valid for employment with DHS authorization only”. DACA beneficiaries cannot apply for FAFSA, but there are private scholarships available to good students.

      Reply
        1. admin

          Not really. Any significant offense will land you in jail for 30 or more days, but this was a small thing. I suggest consulting with a local immigration attorney, since each DACA case is reviewed individually and we don’t know the criminal laws of Texas. Based of what we have seen in many DACA cases we have submitted in California with a similar misdemeanor, so far all of them have been approved.

          Reply
          1. Brenda

            Hello, I actually also had a petty theft conviction but just had to pay a small fine + community service… And I was caught with my friend when I was 16 with my friend she was stealing from a store.. I also got in trouble for it. I didn’t have any fingerprints done or even go down to the station. I just had to do juvenile court with my parents and was on probation for a short time. My question is if I qualify for the DACA and if I would have to mention the 1st incident since it happened when I was underage.

    1. admin

      Hello Vladimir,

      Your case has certainly been accepted, but not approved yet. Normally it takes another 30 to 60 days to receive a response:
      a) If everything is fine, you receive your EAD card and approval, or
      b) A notice to show up at a USCIS local field office for an interview, or
      c) A denial notice and why.

      Good luck!

      Reply
  • cesar

    hello,
    I have just recently been accepted for deferred action and i was wondering if getting a medical marijuana card would put me at risk of being ineligible to renew my work permit?? the marijuana really helps me and i don’t want to do it illegally anymore.. please help! thank you!

    Reply
    1. admin

      Hi Cesar,

      So far there is nothing in the law that will prevent you from renewing your DACA if you are a legal marijuana medical user. As long as you’re not convicted of any significant crime, you should be fine.

      Reply
  • Grissel

    Hello, I have a couple of questions.
    Can I still file for deferred action if I already file the form I-130? It has been approved, but not processed yet. Everything is on hold for now, but I wanted to know if I’m still eligible for the deferred action. I meet all the criteria above. Another thing, how should I tell them that I file I-130? And last, when making the payment for the fees, if I’m making a money order, who do I pay to? Thank you so much!

    Reply
    1. admin

      Hi Grissel,

      Yeah, you should have no problem since the I-130 is a different process. It is not necessary to mention the I-130 since it is not part of the form.

      The money order should be to the order of “Department of Homeland Security”

      Reply
  • refugio

    hey i got a question on the application ask for where you lived for past but i cant really remember the years i where i lived and i cant find nothing with date of June 15,2012 but i have some for June 13,2012-June 14,2012,June 16,2012.with the address i got is that going to prove i was here before 16 years old.or how can i prove that?

    Reply
  • admin

    Hi Refugio,

    In order to prove that you have been here before 16, you need either a passport with a stamp with the date of entry, or medical records, or school records or any official document with your name and the date when it was issued proves that you were here when you were under 16 at that time.

    For the June 15, the receipts or documents of the near days is fine. A letter or affidavit from a coach, school teacher, director or a religious priest saying that you were present in the US on that date, can help too.

    Reply
  • Jose Rodiguez

    Hello.. I have already filled my application, and today i received a letter of them asking to show proof of me living in the US on June 15, 2012.. On this date, i was baby sitting my little brother.They ask for bills but i do not have a job so i cant really prove that i have been living in the US that exact date.. how can i prove that I’ve lived in the US on that date? I’m still living on the US as of today and already graduated high school. I’m currently waiting for this to be accepted and get a job and go to college, because i don’t want my parents to pay from their pocket. Thank you.

    Reply
    1. admin

      Hi José,

      You can ask a religious priest/pastor, a coach, a school teacher or director who knows you, to write a letter/statement/affidavit mentioning that they saw you on that day and you were present in the US.

      You can also use ATM receipts, or bank statements or any other transaction with that date.

      Reply
  • Giovanni

    Hello. I have a question since I have a crappy lawyer. I was stopped by immigration on August 11 I believe and was released because I fit the criteria. I fied my paperwork with my attorney and had my biometrics done on the 1st of October. I have yet to receive any response and everytine I check online it says initial review. Why is it taking so long and how long is it supposed to take? Also can being caught affect me?

    Reply
    1. admin

      Hi Giovanni,

      Each case is reviewed on an individual basis and some cases take longer than others. Of all the cases we have submitted for our clients, we see an average response of 2 months from the time the fingerprints were taken, but also, some cases were approved only 15 days after the fingerprinting, some, have not been approved yet and it’s been over 3 months. So, be patient. Talk to your lawyer about it, but at this point all you can do is wait.

      Reply
  • Eduardo

    Hi,

    They received my application in September 11 2012
    And I did my fingerprints in October 10 I haven’t heard
    Nothing from them yet today is December 20 2012 what should I do?

    Reply
    1. admin

      Hi Eduardo,

      Keep waiting. Each case is reviewed on an individual basis and there is no specific amount of time to get a decision. We know it’s hard to wait, but at this point is all you can do.

      Reply
  • Juan Draco Mondragon

    Will 15 through 17 year olds be eligible to apply for a social security card or driving permit after being accepted for the deffered action? And how long does it take to know if you qualified for the deffered action after having your biometrics taken (fingerprints)?

    Thanks

    Reply
    1. admin

      Hello Juan,

      Yes, for both. If you get your request for DACA approved, you will get an approval letter and your work permit in the mail. Each case takes a different amount of time, since they are reviewed on an individual basis and merits. It is taking an average of 40 to 60 days to get the work permit.

      Once you get your work permit, you must go to a social security administration office and apply for your SSN, it takes roughly 15 days to get it. Then, you can go to the DMV and apply f0r a drivers license.

      Good luck!

      Reply
  • Francisco Mora

    Hi! I was wondering, I qualify for DACA and I met all the requirements. But it also asks to list your assets…I own a house and 2 cars. And my assets probably add up to $192,000. Will this disqualify me? Will I be denied for it? Thank you!

    Reply
    1. admin

      Hi Francisco,

      No, that doesn’t disqualify you at all. The DACA is granted based on academic merits and not on a high or low income basis.

      Reply
  • Chelsea

    I came here in may 2008, could I still apply for the DACA in May 2013 since it will be 5 consecutive years that I’ve lived here? I qualify for everything else.

    Reply
    1. admin

      Hi Chelsea, unfortunately you do not qualify for the DACA. The rule says that you should have entered the US before June 15, 2007. So, anyone who entered the US past that date will automatically be disqualified to apply. You can get in touch with us for a consultation and explore other options. (408) 293-2026

      Reply
    1. admin

      It is advisable to consult directly with an immigration attorney in a confidential matter because that can be considered a significant misdemeanor.

      Reply
      1. Miguel sosa

        Is a “wet reckless driving” consider a significant misdemeanor? I was charge with it about 1 year ago. I went to school and pay all the fees. Please advice since wet reckless has to do with alcohol I’m not sure if I will qualify. Thanks

        Reply
  • Gerardo

    What are the consequences for having a b2 visitor visa and getting a class b misdemeanor for a marijuana possesion charge ? I fáiled to appear in county because i left the country due to my fathers descision this Was when i Was 17 now im 20 i found out i have ftp arrest warrant. What should i do?

    Reply
    1. admin

      Hi Gerardo, definitely you should consult with an immigration attorney in a confidential manner. You can call us (408) 293-2026

      Reply
  • rosaura

    hi my name is rosaura and i been in the u.s since i was 3years old when i was 18 i walck out of a store with candy (gummy bears) i got coght and ask to go back to the store the call the cops and took me just to get finger printed (silly i know) but they did the gave me a court tickit but i never went cuse i was scread i was going to goto jail and get deported my daguther dependedon me i wasint going to tacke the chance. know am 22 going to be 23 in march i have not have any outher probles with the law just that once ..and know i dont know what to do to clean that record so i could apply am scread to go to court on my own but i also dont have the money to pay a lawyer some ask for 3,000 outhers for 2,000 and thats money i cant afford with rent,bills chield care ect. ………oh i gave the corect information to the cops and i never recived a letter or even a notive in the mail am still liveing in the same addres i gave them……..please help!!!! any information will help

    Reply
  • Anonymous

    Hello when they email you sayin they accepted your applocation does it meand that they received it ot that you got accepted and just need the biometrics to be approved?

    Reply
    1. admin

      Hi,

      It means your case has been received and it is being processed. The next step is to get the biometrics and at the end, if you get approved, the EAD arrives in the mail.

      Reply
  • Ena

    I enter with inspection on 02/2004 but my visa doesn’t expires until 10/23/2013 My question is do I qualify for this short relief? My visa was given on 10/24/03, I have resided continuosly since 2004 to present time. I graduated high school on 06/2012

    Reply
  • Ena

    Hi! I need to make a correction, I enter with a USA B1/B2 Visa/BCC, I dont have an I-94 form. but can I apply for this form of relief?

    Reply
  • Evelyn

    Hi I havent gone to an attorney or done anything because I was caught shoplifting about 15 months ago I went to court but I paid and took aclass does that make me unable to qualify for the dream act? Everything else I need I have but this is the only thing holding me back can you please help??

    Reply
  • Gabriel

    I do not think that this will be considered a serious misdemeanor that will disqualify you from filing for Deferred Action. Feel free to contact me at the office, and I will be glad to try and assist you, Evelyn.

    Kind regards,

    Gabriel D. Jack
    Attorney at Law

    Reply
  • Laura

    Hello
    I have all the requirements except the one that proofs i was here before 16 since i did not enroll to school right away what can i do?

    Reply
  • Francia

    Hi I think I meet all of the requirements to apply but my matricula and passport expired on 2011 and the consulate it’s too far away from where I live, can I still send a copy of my expired passport or do I have to renew it. Also I don’t have a lot of proof from 2010 I only have 2 bills from the dentist from January 2010 do I need more proof than that or will that work? Is hiring an attorney a must or can I just fill out the forms myself?

    Reply
    1. admin

      Hello Francia,

      Only current documents will be accepted. Expired ID or passport will not qualify you for the DACA or biometrics appointment

      Reply
  • ana

    Hi,
    My situation is that I have proof of living in the U.S. up to 2011 only, I have not left the country since 1989 when entered at age 7. My problem is for the year of 2012 because I had to change my ss# I had been using to work and also my name. So I made up a new name and age to be able to stay in my same job. Can I present this name used as proof or is that not recomended at all? If not, will affidavits help?

    Reply
  • Susy

    Hello,

    I recently applied for DACA, and had fingerprints Nov 2nd. I am starting to get really concerned because I have not received any news. My main concern is that they are reviewing my application for denial. I used a fake social to work at 15 years old and soon after received a credit card for college. I was young and naive… will they consider this identity theft or fraud and deny my application. Please help!

    Reply
  • Yesica

    Hi, Gabriel I am just so worry about not applying for the dream act.I already got my finger prints .I approve all the requiermentes except with the one that you need to have graduated from high school,i am trying to get y GED.I was already in adult school before they were talking about the dream act.Im still in school trying to get it,my biggest mistake was dropping out of high school.I meet all the requierments but not that one.Im so worry.

    Reply
  • Franckie

    Hi I meet all the requirements but my brothers and I came here with a different last name and a tourist visa would that be a problem and should I even mention it in the application

    Reply
  • Karina

    If I received a citation for failure to show insurance does that affect the possibilities of my application being accepted?

    Reply
  • Dani

    Hello,

    I’m applying for the DACA I came to the united states with a tourist visa at the age of 9 and been here since then and I have all my requirements except the “June 15, 2012″ document I receive My school grades June 12,2012 is that good or does it have to be exact date?
    2 years ago I did something that I regret I got a ticket for theft under $50 and is considered a misdemeanor c.. I got a thicket we pay it on time and that was it. I was 16 by that time now I’m 18. Would I be okay? or they can denied me?

    Reply
    1. admin

      Hello,

      Please consult with an immigration lawyer to explore your options. Most likely you will qualify. (408) 293-2026

      Reply
  • jonathan

    hi, well i apply to all the requirements but the one that i had to be here before june 15 of 2007. i got here 3 months later in september do you think i can still apply?

    Reply
    1. admin

      I’m sorry but most likely you will not qualify. Please consult with an immigration lawyer to explore your options (408) 293-2026

      Reply
  • Gloria

    Hello sir,
    Quick question. When I get my birth certificate translated (I am Indonesian) does it have to be notorized?

    Reply
  • D. Alfredo

    Hi, I came here nine years ago when I was about to turn 16, I have no criminal records, I’m currently in school and have lived here in the us since then. But unfortunately I didn’t attend school because i had to work to support myself. until I was 17 I attended an adult school. So I have no school or medical records to prove I was here before the 16. can I still apply for deferred action?

    Reply
    1. admin

      Hi,

      Unfortunately, if you don’t have a way to prove that you were here at the age of 15 or younger, is really hard to qualify. Please consult with an immigration lawyer: (408) 293-2026

      Reply
  • John

    Can deffered action beneficiaries apply to FAFSA or a BOG fee waiver here in CA? I read on some websites that it was kind of left up to each state whether a DACA beneficiary can apply for financial aid or not. Some students from El Salvador are undocumented but have a work permit and a social security and can apply to FAFSA with their social security number so I was wondering if DACA beneficiaries can can also apply to FAFSA or for a BOG fee waiver once a social security is received.

    Reply
    1. admin

      Hi John,

      FAFSA is not available to DACA beneficiaries (Because is Federal), but there are some other State programs that do, specifically the ones that are funded privately.

      Reply
  • Jorge Arce

    Hi,

    I came to the us when I was 13 years old I crossed with a visa bcc which ecxpired in 2004 my parents had me go back to mexico in 2005 for 2 months to renew my visa bcc and got it for another 10 years it still valid until 2015 the last I-94 that I have is from 2005 when I was 16 years and 7 months old I have older I-94’s I keep everything for records could I still apply I have records that I been living here in the us since I was 13 and also have my high school diploma. Could I still apply or am I going to be denied since I got an I-94 when is was already older than 16

    Reply
  • Emmanuel Hernandez

    Hi I have gathered all my evidence for june 2007 to january 2012, i used payment invoices from websites i buy stuff from to cover feb to may of 2012, for june i have facebook events one is going to the aquarium and sharing links that say “near raleigh”. and for the rest of the months i only have sept through december of 2012 with bank statements.
    Can i send my application like this? or do i need more evidence for june? or every single month?

    Reply
  • Noemi

    Hello, I have a few questions
    I been in the U.S since I was 5 I am now 21,
    But I left to Mexico for an emergency, on my way back I got stopped about 2 times by immigration and got deported I was only 16 they made me sign a paper that I don’t remember reading.
    I finally got here on April 2007 .
    I also have a traffic warrant arrest which I’m already about to take care of.
    I have a case a domestic violence , someone told me that could’ve helped my case , which I don’t know if is true.
    If I have all the requirements and I have a chance to qualify, what’s my first step?

    Reply
  • anahi

    Hi I have a question if you have a misdemeanor class b for possession of marihuana this was 6 yrs ago and cause of that I got an order of deportation but I read on a website that possession of marihuana its not. A “significant misdemeanor” and that if you got order of deportation you still qualify can you please answer my question im confused. ….

    Reply
  • Juan

    Hello and happy new year, I know is already late for wishing happy new year, but it’s still the first month of a new year. :)

    I had been deported once a long time ago with my family, but I have all the documents that DACA requires. Should I be concerned about my deportation when I apply for DACA? And am I going to be disqualify because of this?

    Will that is all, thank you for your time, work, and attention.

    Reply
    1. admin

      Hello Juan

      Please consult with an immigration lawyer (408) 293-2026. If you have been previously deported, you might now qualify for DACA

      Reply
  • Diego

    I already did my biomatric and have everything process the only problem is that I have to prove 2008 . I live here since 1999 but on 08 I was still living with my dad I dnt have anything in that year to prove . What else can I prove beside bills,rent recieve,pay stub can a vehicle repair receipt with my name on it would it help…

    Reply
  • Jose

    I recently applied for DACA, and had fingerprints Nov 2nd. I am starting to get really concerned because I have not received any news.

    Reply
    1. Gabriel

      Hello Jose,

      The USCIS is telling us that the standard processing time is 6 months. Most of our cases come back with their approvals well within that time, but this is the amount of time the USCIS is giving themselves before they consider the application to have been pending for too much time. This means, you cannot even put in an inquiry until that much time has passed. My bet is that if you filed the petition properly, you should get a response fairly soon.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Laura

    Hi someone told me that i can qualify even if i dont have nothing to proof that i was here before 16 that i just need proof that i been here since 2007 n up is that true?

    Reply
  • Victor

    hello,

    I fit all the criteria to apply for DACA. my question is, do I need to prove my stay in the US month to month?

    Reply
  • sal

    Hello I had an important question. I have live here in the U.S since I was 5 yrs old. I am now 23, I left CA, U.S. in April 23, 2011 for the reason that my step father was fixing my mother and I papers. Sadly we were denied. I came back to the country illegally in Dec 12, 2011, Would I still be able to apply for DACA?

    Reply
  • giovanni

    hello. i don’t remember if i asked this before, but id like to know how long its taking to get you case approved or denied. Ive been waiting for almost 4 months and i haven’t received anything.

    i was also curious, can you guys tell me a little about Form i-918 petition for U Nonimigrant status. my dad was deported but in the early 90″s he witness the murder of my cousin and testified. the guy the was in jail is out and about over where we are from and we are scared something might happen, is there anyway that that form can help?

    Reply
  • Andrea

    Hi I have a social security number not valid for employment & I’ve been working with it is that going to affect me am I going to get denied ? I meetrest all the requirements

    Reply
      1. Gabriel

        Hello Andrea,

        Assuming you do meet all of the other requirements, I do not think the fact that you have been working will effect your eligibility for DACA benefits. I would nevertheless be sure to have your application reviewed or even prepared by an experienced attorney. If you would like to speak to one of our attorneys, you can feel free to contact us at 408.293.2026.

        Kind regards,

        Gabriel D. Jack
        Attorney at Law
        http://www.mj-law.com

        Reply
  • Jessica

    Can I send my application with out the matricula and passport? I only have my birthcertificate. Also I dont have a GED. I am currently doing high school online at my own pace, will that work? I am 25 years old and have been here since 1991.

    Reply
    1. Gabriel

      Hi Jessica,

      The regulations state that you must either have a high school diploma or be enrolled in classes that lead to a GED. I would need to review the on line classes you’re taking to make that determination. It sounds like you meet the age and presence requirements,, however, based on what you say above. If you would like to discuss further with myself or one of our attorneys, please feel free to contact our office to schedule an appointment. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Eduardo Romero

    Hello, i have questions about my record. 1.i was arrested in 2009 with a DUI and then it got reduced to neg driving 1 i was convicted and after i did house arrest and classes it got dismissed, also probation was dismissed. Is that a significant misdemeanor?? Does it affect me in daca app?
    2. In 2012 I had to go to court for domestic violence 4th degree. I went to all my courts, plead not guilty, and after taking it to trial it got dismissed. I was not convicted. Woul that affect me with daca app?
    I would really apreciate any feed back, i’m 24 yrs old and i really need this. Thanks in advance, i will be patiently waiting.

    Reply
    1. Gabriel

      Hello Eduardo,

      Given that you say the Domestic Violence was dismissed as well and the DUI was reduced, there is a chance that you would still be eligible for DACA benefits. I would need to do a complete review of the court papers for both of the offenses, however, before I could give you a good idea of the potential opportunity for doing so. Feel free to contact my office for an appointment to speak with myself or one of our other lawyers. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Lily

    So when i was little my parents put in the application for my residency, i got aproved and i even got all the papers stating that i got aproved and giving me my priority date and everything, than my parents had a divorced and didn’t keep up with the application. I been living in the USA almost all my life im 22 now and i want to know can i still do something with my case?? or at least qualify for the deferred action?

    Reply
    1. Gabriel

      Hi Lily,

      It sounds like you should qualify for Deferred Action’s age and presence requirements, and you might have some opportunities for permanent residence based on what you say with the case through your parents. It is difficult for me to say whether you are truly eligible for either, however, without more information and without reviewing the filing papers that were submitted by your parents. Feel free to contact my office for an appointment to speak with me to determine your eligibility for either of these benefits. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at law
      http://www.mj-law.com

      Reply
    1. Gabriel

      Maria,

      The rules state that as long as you currently enrolled in an educational program that leads to a GED, they will accept that for the requirement of finishing high school. Feel free to contact my office for an appointment to determine your eligibility for DACA benefits. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
    1. Gabriel

      Miguel,

      The rules state that applicants will remain eligible even if they stayed outside of the country for a short duration during the time period that they require you be present in the United States. I would review the requirements and the evidence you have with an attorney to be sure of your eligibility for DACA benefits, however. You can feel free to contact my office for an appointment to speak with me or with any one of our lawyers. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • rosaura

    hi my name is rosa when i was 18 i got cought shoplifthing never went to court until the second tuseday of january 2013 its a misaminos case and its my frist afence do i have to wait untill my case is close to send the application am worry cuse i heard the last day to apply is march 2 2013 and my next court is feb.4 what if i get probation

    Reply
      1. Gabriel

        Hello Rosaura,

        At this moment, I know of no deadline within which anyone is required to file their DACA petition. With respect to the pending charges of shoplifting, the regulations state that you can still be eligible as long as you are not convicted of any “serious misdemeanor”. The USCIS has traditionally not considered shop lifting to be a “serious misdemeanor”, assuming you only have one of them. While I cannot guarantee that they will not consider this charge a “serious misdemeanor” and determine that you are ineligible for DACA benefits, my opinion is that they will probably not, especially if this is the only criminal charge you have ever had. Feel free to contact our office if you would like to have a lawyer manage your petition. We are currently handling most of these cases for only $700. 408.293.2026

        Kind regards,

        Gabriel D. Jack
        Attorney at Law
        http://www.mj-law.com

        Reply
  • hung vo

    I already finish my time from the immagration what kind of document do i need to get my ID or driver liecense i already try the driver liecense place with they need the document # from the immagration i dont get it

    Reply
    1. Gabriel

      Hung,

      I am not sure what exactly you are referring to when you say that you have “finished your time from the immigration”. It is the case that most states require some form of documentation from the Immigration Service to prove your lawful presence before being issued a driver’s license. Feel free to contact my office to schedule an appointment to speak with me, and we will try and figure out what you need. 408.293.2026
      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Laura Dueñas

    I came to US in December 2005 when i was 15 years old. my birthday is in January so I turned 16. I do not have any documents that prove that I was here at 15! What can I do? I ask a father from a church to make a letter because it was the first place I attend. Also I was a baby sitter can those letter approve something? My records start from may 2006. I am a college student. What is the best thing to do in my case?

    Reply
    1. Gabriel

      Hola Laura,

      It is often the case with some of my clients that they are incapable of proving with verifiable evidence that they were present before their 16th birthday or for various other time periods that are required under DACA. We often send letters from priests, neighbors, employers, etc. Thus far, most of them have been accepted. If you would like for me to review your paperwork, I will be glad to do so. Since it sounds like you have prepared at least some of the petition already yourself, we will likely do it at a discounted rate from what we normally charge. You can free to contact my office for an appointment to speak to me. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Martha espinoza

    Hi my question is I got interrogated by police when I was 22 I was 8 month pregnant I lived with my boyfriend at the time .the house wad searched he was arrested for drugtraffiking they found drugs he admmited they were his .. I was question for about an hour1/2 at the police department I didnt get fingerprinted or pictures were taken just my name I never got charges or court calls ive been here in mesa arizona since 1988 never been in jail or convicted of no crime have 3 kids 14 8 an4 .. Need my papers have all the requirements are going to ged classes .. I dying to apply but im scared for that interview I had with police will that discualify me ??? Should I apply or am I on risk ?? All these years ive worked as a painter construction I always been aproved for my application whe visiting my babydady in prison so I dont know if that gave me a bad record or not helpppp in 31 my birthday was dec. 7 1981

    Reply
  • Martha espinoza

    I have my elementery school ,jr, highand some high school , I didnt graduate but am doing my ged at college I was very stupid when that time wheni got involved with the wrong guy.does tha make me a threat to natinal security even if I was never charged with anything ??, or do I have a good chance ille be aproved?? Im a person of good very hard worker in need of getting legal to give my kids a better future im so tired of hiding in this country I want to be free I have no other home but america :) plse someone answer .. I talked to my loyar about it but he said he dont know if it can hurt my case and he said it wasnt a good idea to check my criminal history is that true

    Reply
    1. Gabriel

      Hell Martha,

      I understand your frustration in having to hide in your own country, (it is my very heartfelt strong opinion that America is YOUR country as it is for mostly all of the people posting on this blog). With that said, it is still difficult for me to answer your inquiry with a simple blog post, because it sounds like you have some issues that might be different from others on this blog with respect to some past relationships you might have had. If you like, I can be available to speak with you and give you a second opinion on your status and potential eligibility for immigration benefits.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Cindy

    Hello, i arrived to the US on 1997 and lived there till September 2007. Came back to Mexico and are still here, do i qualify??

    Reply
    1. Gabriel

      Hi Cindy,

      Unfortunately, although the regulations allow for short trips outside of the country, you have remained for the entire time outside according to your post. I am afraid that you will have a difficult time qualifying. However, if you have had no issues with the Immigration service in the past, you might qualify for a Visitor Visa or a work visa if you have one of the occupations listed under the TN Visa list of occupations. These occupations can be seen on our website, http://www.mj-law.com. Let me know if I can be of more assistance.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • miguel

    i arrived in USA on 2004 and i went to school and graduate basically i meet all the needs but on 2009 i got a dui can i still cualify for the dream act. and i have 2 other misdemeanors.

    Reply
  • Ramses Lonlack

    Hello how are u doing? I have a question. I came to the United States in 2006 when i just turned 17 years. I turned 17 on January 20 and I came to United States on January 31. I want to know if i qualify? I graduated from High School and I am enrolled at the University of Memphis right now pursue my BS in Civil Engineering. I will graduate in December 2013. I have was here in June 15, Taking summer classes.

    Reply
    1. Gabriel

      Hello Ramses,

      Are you in Student status or any other lawful non immigrant status? Feel free to contact our office to speak with one of our attorneys and we will review your options to remain in the country lawfully.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law

      Reply
  • roxie

    I came from germany on a visiter visa with my family when I was four(1994)
    I have a copy of the passport but that is it,I have school transcrips,medical records,I’m inrolled in a school now so I have current transcrips as wei have my birth cirtificat and a mutilaugal one as well,I don’t have my school id anymore and don’t have any form of a photo id..will this be enoguh to obtain the differed action??if not what else could I use?oh and I have not left the us once since I came here in 1994

    Reply
    1. Gabriel

      Hi Roxie,

      Sounds like you have reviewed some of the DACA requirements. I often send Student ID’s if the applicant has nothing else, but it is always better if you can submit a copy of a current passport or a state issued ID. Feel free to contact my office for an appointment to speak with myself or one of our lawyers, and you might want to consider having one of our attorneys prepare this for you at a low cost. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Diana

    Hi…
    I came to the US when I was 14, and so far I meet all the requirements to apply!! Do I have to hire a lawyer in order to start the process? or Can I do it myself? The lawyer I talked to is charging me 1000dls which I think is a lot.. What do you recoment? Should I pay it or not?

    Reply
    1. Gabriel

      Hello Diana,

      I think $1000 is a bit much for some of these cases. Our firm is currently charging $700, and if the client has much of the case already prepared already, we charge even less. The advantage to hiring a lawyer is that you have omeone managing your case who works in immigration law everyday, and who will be far less likely to make some of the common mistakes that individuals make when filing their own petitions. Feel free to contact my office to make an appointment to speak with me, and we can go over what you have. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Abril

    Hello,I have a question. The organization that was helping me with the Deferred Action process had me do my biometrics through the FBI before sending my application, they said it was better this way. I didn’t continue the process with them, so I’m doing this on my own. Will I be required to do the biometrics again?

    Reply
    1. Gabriel

      Hola Abril,

      Yes, whenever anyone files the petition, they are required to submit their fingerprints during the process after filing. There must have been some reason as to why they were having you submit your fingerprints to the FBI. Do you have a conviction in your past? If you would like to speak to me or one of our lawyers, feel free to contact us to arrange an appointment. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Ana Paulina Leon

    hi my name is ana, i am filing everything on m own, but i had a question for translating my birth certificate can i translate this on my own ? i have no clue, also some of my certificates are in spanish but i received them here in california where i attended school. would it matter if i send them like that?
    one last thing i dont know the first addres where i lived when i came here to the usa but i put the last 5 address that i remember

    Reply
    1. Gabriel

      Ana,

      You have to translate everything you send to them. You cannot send anything in a foreign language without a translation. You might consider hiring a lawyer to do this for you. If the case is pretty much prepared already by you, our firm can likely give you a discount on the fees, and you will have the security of having an attorney managing your file.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • javier

    Hola, yo tengo mas o menos el mismo caso, yo llege a usa en mayo 29 de 2007 . no pude entrar a a la escuela enseguida porque ya estaban en la ultima semana de clases . mi primer prueba de que estuve aqui es mi record de vacunas que tiene el primer sello con fecha julio 14 de 2007, tambien tengo la copia del contrato del apartamento donde vivo, ahi aparece mi nombre , con fecha de julio 16, luego ya el primer record de la escuela con fecha agosto de 2007. tengo dos cartas una de un maestro que me conocio el dia 6 de junio de 2007 y otra de unos vecinos que me conocieron el dia 29 de mayo de 2007, que fue la fecha en que llege a los estados unidos. llene y mande mi aplicacion pero me mandaron una RFE diciendo que esto no es suficiente para demostrar que estuve aqui en los estados unidos desde o antes de junio 15 de 2007. que mas puedo enviar?

    Reply
  • javier

    perdon, soy nuevo usando estos foros. llege a este pais cuando tenia 11 anos, en mayo de 2007. he vivido aqui desde entonces, estoy a punto de graduarme de high school. tengo prueba de que he estado aqui por los ultimos cinco anos con excepcion de ese primer mes de mayo 29 a julio 14. como dije antes ya llene y mande mi aplicacion, tambien ya fui al biometrico. como puedo probar que estuve aqui ese periodo de tiempo? tenia 11 anos, la escuela no me acepto porque era su ultima semana de clases, ademas de que en ese entonces no contaba con ningun documento (acta de nacimiento ni nada) para inscribirme. como dije antes, pense que lo que habia mandado deberia de haber servido pero dicen que no, que necesito mas. por favor ayuda

    Reply
    1. Gabriel

      Hola Javier,

      disculpame pero no entiendo todo lo que usted me dijo aqui. Ya ha puesto su caso en tramite para accion deferida pero su preocupacion es que no tiene evidencia de su precensia en los estaods unidos?

      Gabriel D. Jack
      Abogado de Inmigracion
      http://www.mj-law.com

      Reply
    1. Gabriel

      Hello Lizzeth,

      I have not seen anything in the regulations that disqualifies anyone for DACA due to bad credit or unpaid bills. if you would like to discuss further, please free to contact my office for an appointment to speak with me. The initial consultation is only $100.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Daniela

    What difference does it make if you have the lawful entry documents? Is this something that might affect my case?
    Thank you for taking the time to assist

    Reply
    1. Gabriel

      Daniela,

      For the purpose of Deferred Action, it will not matter if you entered the country with a visa. If you overstayed it and you meet all of the other requirements, this alone will not in any way effect your eligibility. I hope this helps.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • jose

    I recently sent my papers to uscis and got the finger prints taken care of. They recently sent me a letter saying they need more proof, so i did. The problem is i was supposed to send it to laguna niguel but accidently sent it to the office in chicago will that affect my process?.

    Reply
    1. Gabriel

      Jose,

      Sending your papers to the wrong location is a common problem for many people who try and do these on their own, unfortunately. Yes, unfortunately, it will likely effect the timing of your application. I would try and re-send the evidence to the correct address accompanied by a letter explaining that you made the mistake of sending it to the wrong location. I would also send it return receipt so that you can verify when you sent it as well as that it was actually received by the Service. I hope this is helpful.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Jorge F

    Hello

    I currently have numerous unpaid traffic tickets in collections due to driving without a valid California license, would my DACA application be denied?

    In advance thank you for your time.

    Reply
    1. Gabriel

      Hello Jorge,

      This will likely depend on the number of tickets you have received and the official who exercises his or her discretion in deciding your deferred action petition. I think it would be a good idea to speak with a lawyer and bring in all of the unpaid tickets you have. Feel free to contact my office for an appointment to speak with me or one of our lawyers. The initial consultation fee is just $100.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Nancy

    I am applying for the DACA and have sufficient proof of presence of every year except for 2007. I was able to get a hold of medical records for August and September of 2007 but that was all. Do you think this is enough evidence? I don’t have any other evidence to show for that year.

    Reply
    1. Gabriel

      Hello Nancy,

      My thinking is that the USCIS understands that many people do not have complete evidence of every day that they lived in the United States for the time periods they are questioning. Therefore, I think that if you provide credible evidence to show that you were here for most of the time, you should be fine. If you would like to discuss all of the requirements with myself or another lawyer, feel free to contact us. There is only a small consultation fee of $100, and if you would like the seguranza of an attorney in filing your petition, our firm is currently preparing them for only $700 in attorney fees. I hope this helps.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Fabian

    So I entered the US as a minor with a tourist visa and lived illegally in the U.S since I was 4 years (1998 i believe) old until 18 years and 100 days. I voluntarily left so I wouldnt get in trouble with US law enforcement. Would I still be able to apply or am I not applicable? i believe my father is in process of residency through my uncle but thats going to take like 4 more years. Am i just going to have to wait through that process since I already left the country voluntarily?

    Reply
    1. Gabriel

      Hello Fabian,

      The Deferred Action regulations do say that they forgive “brief visits” to foreign countries. However, it sounds from your message that you have been living there for a considerable time. Feel free to contact my office for an appointment to speak with me via Skype, and we can discuss further if we have any options for you to return to the UNited States. The consultation fee our firm charges is just $100 US.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • sarah

    hello. my question today is to know if I’m intelligible. even I didn’t come in us before my 16 years old. I’m an international student (with good GPA) that never had any criminal problem. I’m also the sister of young us citizen.

    Reply
    1. Gabriel

      Hello Sarah,

      If I under stand your question correctly, you are currently in lawful status as a student, and you therefore are legally present in the United States, correct. Feel free to contact my office for an appointment to speak further and we can go over your situation in more detail and we can see what options you have.

      Kine regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
    1. Gabriel

      Richard,

      I am not quite sure what you exactly mean by your question. If you would like to take the time to speak with myself or any of our attorneys, we can try and help you sort out the questions you have about DACA, and we will review whether we think you qualify for it or not.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Maryann M.

    Hi, I’m compiling all my documentation but was wondering about what proof I need to show that I am out of status. My arrival record has a “D/S” instead of an expiry date. Will the expired visa page in my old passport be enough? My status was dependent on my father’s employment but we chose to remain in the country after his commission ended. What would you recommend?

    Reply
    1. Gabriel

      Maryann,

      The D/S designation only means duration of status, and the USCIS considers that to be a visa with no expiration date. Nevertheless, your stay is in fact expired. I would put as the expiration date, the actual date that your father’s employment was terminated. If you have any further questions and you would like to schedule an appointment to speak with me by telephone or in person, please feel free to call us.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Jorge Arc

    Hi,

    I came to the us when I was 13 years old I crossed with a visa bcc which ecxpired in 2004 my parents had me go back to mexico in 2005 for 2 months to renew my visa bcc and got it for another 10 years it still valid until 2015 the last I-94 that I have is from 2005 when I was 16 years and 7 months old I have older I-94′s I keep everything for records could I still apply I have records that I been living here in the us since I was 13 and also have my high school diploma. Could I still apply or am I going to be denied since I got an I-94 when is was already older than 16

    Reply
    1. Gabriel

      Jorge,

      The regulations say that you must have entered the United States prior to your 16th birthday and that you have remained in the United States for the most recent 5 years along with various other requirements. It also says that it will forgive short trips abroad. I would suggest speaking with one of our lawyers to provide all of your information in order to determine whether or not you are truly eligible. You can feel free to contact our office for an appointment to speak with me. 408.293.2026.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Raul Tornel

    Hello there. I’m trying to get my application filed for DACA but i have a small amount of marijuana ticket which is a petty misdemeanor in my state. I paid the ticket pleading guilty of the offense . I’m trying to get a Criminal Defense attorney to reopen my case in court and bring it down to a misconduct . I’m trying to get as many advice i can get from people. Would there be a risk i get denied when they see my criminal record?

    Reply
    1. Gabriel

      I don’t think this conviction is one that alone will get you denied for DACA, Raul. If you would to speak further, please feel free to contact my office and we can schedule an appointment to speak with me either in person, via skype, or by telephone. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
      1. Raul

        ok first of all i was caught with a small amount of canavis and was given a ticket for it. I paid it pleading guilty and now that runs on my record as a petty misdemeanor . I live in the state of MN and have visited several lawyers recommending me that i shouldnt apply because it could trigger immigration issues and be denied and sent back. My only card is to get a criminal justice lawyer and reopen my case in court and try to bring it to a “Misconduct” , which i dont know if i would get it and could make me lose money uselessly. Anyone has the same case?

        Reply
    1. Gabriel

      I do not believe that this ticket alone can disqualify you from DACA, assuming no one was seriously injured or it did not involve weapons. Feel free to contact my office for an appointment to speak with me. We are currently processing most DACA cases for only $700 in attorney fees.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Gabriel

    The rules do say that you must prove you were present in the United States prior to your 16th birthday. if you are short on evidence perhaps because you did not attend school and to work or something like that, we can always explore other forms of evidence to prove your presence in the United States, Laura. I hope this helps.

    Kind regards,

    Gabriel D. Jack
    Attorney at Law
    http://www.mj-law.com

    Reply
  • Jessica

    Good day to you,
    It has been over 90 days since my biometrics were taken, on September 19 , 2012 and have not received a response letter and online it reflects “initial review”. Do I need to start worrying?. Thank you God bless!

    Reply
    1. Gabriel

      Hello Jessica,

      I answered in a previous post to this question. The USCIS gives themselves 180 days from the date of filing before they make a final determination of the case. If 180 days passes and you still have not reeived your work permit, I would contact the USCIS to let them know and put in a “status request” to them.

      I hope this is helpful to you. God bless you and your family.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Luis

    Hello my name is luis and i have one misdemeanor for domestic! Im in college and i arrived to the US in 12-27-1999. Can i still apply i have not been conviected to any other fellony and ever since my misdemeanor i have not gotten in trouble with the police please help me! Thanks!

    Reply
    1. Gabriel

      Hola Luis,

      When you say “domestic” are you referring to Domestic Violence? If so, this might be considered a crime that is a “serious misdemeanor”, assuming that it is a misdemeanor and not a felony. You should contact a lawyer and have him or her review the court minutes of the conviction to make a clear determination as to whether or not it would be a good idea for you to pursue a case for Deferred Action. You can contact my office, if you like and we can schedule a consultation appointment. 408.293.2026

      Kind regards,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • Jose

    Hello,

    My question is if there is a way to find out if you came to this country with a visa?
    I came here when I was 6 years old in 1998 but when i tried to apply for deferred action my parents told me I supposedly came here with them with a visitors visa and the deferred action application asks for I-94w information which I don’t have and I don’t know if I should just put I enter without inspection instead

    I have no prove what so ever of an I-94 and my parents don’t have

    Reply
  • pedro

    Hello if I’m in a ged program or in adult school trying to get my
    Diploma does that count as currently in school??
    And can I apply
    I’m 22 years old

    Reply
    1. Gabriel

      Hi Pedro,

      According to the regulations, you must show that you Are:

      Currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

      The regulation above says “in school” which was further clarified by the Frequently asked Questions page of the USCIS website:

      Q2: Who is considered to be “currently in school” under the guidelines?
      A2: To be considered “currently in school” under the guidelines, you must be on the date of filing your petition enrolled in:

      a public or private elementary school, junior high or middle school, high school, or secondary school;
      an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or
      an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development (GED) exam or other equivalent state-authorized exam.

      Reading from this answer from the USCIS, Pedro, I would say that if the program you are in leads towards getting a GED, you have at least satisfied the education requirement to qualify under Deferred Action. Remember there are other requirements to qualify and make sure you review your specific case with an attorney. There could possibly be other avenues to pursue or not to pursue with respect to your immigration case. It is in your interest to see an attorney before making any decisions.

      I hope this helps.

      Kind regards,

      Gabriel D. Jack
      Attorney at Law

      Reply
  • Lopez

    Hi, my husband has has one DUI and it was dropped by the state we got proof of it (certified copy). He has had on driving ticket and it has been paid. He already went to go do his Bio-metrics. Would he have any problems? He sent e very thing he needed to send. And about how long would it take to find out if he is accepted or denied?

    Reply
  • Alex

    I qualify for everything. But my thing is that when i was 15 i wanted to work so my mom sent me a birth certificate with more age. 3 years more. So i started working using that. And my mistake was that i got the mex passport, matricula even the drivers licemses from 3 states with that age. I was able to go to the consul and told them what happend and took my real birthcertificate and was able to get my passpor and matricula with right age. Can that affect me when background chexk is done?

    Reply
  • Hai

    Hi, I am applying for deferred action and Dream act. I been here since 2000 and i’m now 25. I have most of the evidences but accept for 2007 and 2008, all i have is a flight confirmation email to Houston TX in 2008. I been dating with my boyfriend since 2004, would his affidavit work in my case?

    Reply
  • Nicolas

    Hi i’m currently attending High School, and since I have been approved as a (DACA). I have also acquired a Social Security Number For work only. At this time can I purchase school insurance to play a sport, under my Social. My state i’m in is Nevada, and currently seventeen.

    Reply
  • amelia

    I’ve applied for the deffered actions already and I have already taken my biometrics in January, but I was considering to take a gap year since I didn’t apply to college and I don’t want to go to community college. Is this ok?

    Reply
  • zulema

    Hello,

    I been in california since I was 3 months. My parents where here since 1986 and did not take advantage of the immigration reform. I entered the U.S. with a visa and to keep the visa they registered me in school with a fake birth certificate and a different last name. All my life I been using my fake last name. I am 25 years old now and I stopped going to school since I was 21 because I needed an Id to register. What should I do in this case. I have not been able to fix my name and I want to apply for the dream act but I have no proof.

    Reply
  • selvin

    hi..i have a question…i came here when i was 1 years old i went to school in california and thn one year later i went back to my country and thn i came back on 2008 i would like to know if i applied for the program

    Reply
  • Ileana Martinez

    Hello, I have a question, I came to the United States in 1993 I was 9 yrs old and begin school I have records of my 1993,1994,1995 missing 1996 but I have a vaccine record for that year,I also have 1997 and 1998 (I went to Mexico and came back 4 times that same year) 99-00 school year as proof of all this years I have my TAAS results,vaccines, all this years I went to Mexico for vacations but here is where my question comes, I went to Mexico November of 2001 and I came back July 2002 is there a problem for that time frame I was’nt here? I also spent like 2 or 3 months of vacations in Mexico, but since 2002 I haven’t been out of the United States and I have all my documents to prove it.
    Do you think I can apply even if I have those months out of the country??? Thank you for your time!

    Reply
  • Juan

    Dear Gabriel,
    I have a question that has been on my mind for the past week , or so, my sister and I got accepted for the Child Deferred Action , shes currently 19 years old and still in high school and I’m 17 years old and I’m also in high school. We have our appointment this Friday March 8 , our parents didn’t money have to buy our passport to go present in the appointment or a state ID of some-sort , but we cant afford to go buy them , my question is so ; can we go to the appointment with our school’s ID card ?

    Reply
  • robert

    Hello I have a question? First I qualify for all the requirements for daca. The only concern is that I have is i had misdeaminor class c on marijuana, but I got a pre trial diversion on the case I did all the riquirements for the program. I have two months left for my case to be dismissed. I also just graduated from college. Do you think I can qualify?

    Reply
  • Omar

    hello
    i have applied for the deferred action, and i have gone to the finger prints, its been around 4 months since then but i have not received any letters yet. what can i do to get a response?? also today i was cited for driving with out a licence for the second time, will that affect my application?? thank you
    best regards
    Omar

    Reply
  • Osvaldo

    A couple days ago I was caught stealing a some things from JCPenny . In the ticket the cops gave me it said it was a “petty theft” , althought they did not assign a date for me to appear in court. I’m 17 and they told me all I would have to do if appear in court and pay the fine. Is there a way to minimize the offence into something else rather then a misdemeanor ? If it cant will having a petty theft like this count as a significant misdemeanor and prevent me from applying ? I have all the other requirements and this is the only thing that would jeapordize it.

    Reply
  • Cecilia

    I have the Deferred Action . My question is ,
    Now that I have a social security number and a permit which allows me to work , does that make me a resident? I’m currently applying to colleges and they keep asking me and I don’t know what to say. Or even when applying to work.

    Reply
  • maria

    Hello my question is do you need the passport when you go to the appointment for the prints? or i can use my consular ID.thanks

    Reply
  • francisco

    well my situation is that my parents brought me here to the US in 2001 I was 10 I have proof of school and clinic shots the only thing is that I left to Mexico around december 26 2009 ( I was 18 ) due to some family passing away then I came back on june 2010 but got caught by immigration and they took my finger prints then released me within 3 hrs then I got to the US on july 2010 and have been here ever since so I was wondering if I am still allegeable for DACA since I was caught and I was 18 when that happened right now I am 21 years old

    Reply
  • Francisco

    I got here on 2001 but then on December on 2009 I left to Mexico because some family had passed away, but I came back soon after on july 2010 the only thing is that when I was trying to get over here I was caught and they took me in and took my finger prints then released me within 3 hours back to Mexico but then I came back later on July and been here ever since now I’m wondering of I’m still eligible for DACA I have my high school education and I’m currently attending college part time

    Reply
  • Rodrigo

    i came to the U.S. in 2000 when i was 7 years old, i went to school untill 2006 and i went back to Mexico. I came back april 2012 and entered school in august 2012 and i am wondering if i can apply with my diploma once i graduate in may.

    Reply
  • Gabriel

    Dear Gabriel,

    I meet all of the requirements for DACA. However, I was convicted for possesion of less than 2.5 grams of cannabis (class c misdemeanor) which resulted in a one year supervision, and a jail tour. The case is now closed and I have no other convictions other than that. Do you think I should apply? What happens if I do not qualify? Will I be red flagged? Please help me.

    Reply
  • Jose

    I recently applied for DACA, and had fingerprints Nov 2nd. I am starting to get really concerned because I have not received any news..i know the standard processing time is 6 months. I just want to know if i start counting 6 months since my firgerprint were taken??

    Reply
  • Fernando

    Hello,
    I currently enrolled in an adult program to get my GED but my lawyer tells me I need to finish before June because that’s the deadline. What worries me is that in 2001 I was living with my girlfriend and we were arguing she wanted me to move out but since it was my house the cops left with her and about an hour later they arrested me for domestic violence. My family bailed me out, and give both of us a court date but then she repented for lying to get me arrested because I didn’t hit her or do anything to her anyhow we went back together after that incident and neither of us appeared in court. We are not togehter anymore but I’ve learned there is a order of arrest towards me because of that what can I do please help, thank you in advance

    Reply
  • Omar Herrera

    I have just two quick questions. Is it necessary to send your birth certificate. The matricula and passport are both in English and Spanish, so could those work to prove your identity too. Could I use those, or do those need to be all in English? Also, I got my matricula and passport on June 13th, so does that work to prove that I was here on June 15th if I can find some evidence from shortly past the 15th?

    Thank you, hope to hear back.

    Reply
    1. Gabriel

      According to the Deferred Action Frequently Asked Questions, it appears you might be ok to qualify for the program:

      Q4: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?

      A4: This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at [email protected].

      I hope this helps,

      Gabriel D. Jack
      Attorney at Law
      http://www.mj-law.com

      Reply
  • felipe

    Hello,
    Gabriel i want to aplly for deffered action soon.My question was is there going to be a problem if i was arested wen i was 14 for posession of a knife?& also does it matter if i go to adult school toget my G.E.D ?I have my school id,proof of inrollment,

    Reply
  • rosa huerta

    i arrived here when i was 16 and 6 months old. i have never left the country, i got married here and i have prove of my presence. i am 27 years old and i am currently working on my GED. i’ve heard that some people got approved even though they weren’t here before the age of 15 and i was wondering if i could qualify. i feel like this is my country now but i feel left out and not accepted and i wish i can be part of America some day.

    Reply
  • jasmin

    hi,
    i was reading all the requirements and i have most of it… i have an id and work permit and social security card that expired.. i was brought here when i was 2 years old and now i am 26 years old with a 6 yrs old baby and a 5 year old baby, they were born here, and i recently got married with an us citizen a couple of months ago.. the only thing i am missing is my GED diploma.. i was wondering if i apply for the DREAMERS act will they turn me down if i don’t present my GED diploma? do i need to get it or will the other requirements be enough? who can i contact for more info. about it? and how do i apply for it? and does it require any money and how much?

    Reply
  • oscar

    Can I still apply to DACA even thiugh I arrived to the united states on October2007? I graduated from highschool completed all four years and attended college for a semmester.

    Reply
  • David

    Hey, I was charged with a misdemeanor shoplifting offense. I was 18. I already had the differed action two months before so I didn’t get a hold for immigration or anything. After community service and three months of going to a probation officer, they dismissed my case and I am going to get it expunged. Will this affect me when i reapply in 2 years?

    Reply

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