Hello,
I came to the USA with a visitor Visa in 1998. I've lived in California ever since. My visitor visa expired in 2008, In April, 2011, I went to Mexico to renew my visitor visa and entered the country again in June 2011. After that, I didn't leave the country again until 12/1/12. I wanted to get a driver license from the DMV, and for that I needed an unexpired I-94, so before I even knew DACA existed, I went out again through Tijuana on 12/1/12 to renew my I-94. I was out/in again in a few hours. It appears I meet all the requirements for DACA; however, the only crucial thing holding me back to apply is the following statement found on the I-821D instructions page 3:
Travel Warning. On or after August 15, 2012, if you travel outside the United States before USCIS has determined whether to defer action in your case, you will not be considered for deferred action.
Part 2 Question 8 on the application asks "Have you left the United States without advance parole on or after August 15, 2012?
Unfortunately, I have to say yes.
I've read so much in this forum; however, I don't see any similar cases to mine.
1) Has anyone been denied due to leaving the States after 08/15/12, even if they left for day?
2) Was anyone approved even though s/he has an unexpired B-2 Visa? My last I-94 expired on 05/31/2013
I was living here in the States before 2007 and I had "no lawful" status on 8/15/12.
Any advice would be greatly appreciated. Unfortunately, I cannot afford a lawyer, and if I don't stand a chance, I'd rather not lose my Visitor Visa.
Like all of you in this forum, I, too, want to get a nice job and become financially independent and be able to succeed in life!
