Should I Apply? Please Read My Case

[summerbliss13 0]

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!  

 

[art3mes 0]

I'm sorry honey bun but if you left after 08/15/12 (which you did) the only thing they will do is collect the fee, make you wait 3-6 months and then deny you. My friend got denied because she left on 8/18/12 and came back a day later. Don't let this stop you though! there are many types of free legal services where you could get more information such as avvo which I totally recommend. I'm so sorry X

[art3mes 0]

Good news! So I took the liberty to ask the question on Avvo (it was anon but im so sorry I totally violated your privacy but I just wanted to help) http://www.avvo.com/legal-answers/should-i-apply-to-daca--please-read-my-case-2315261.html and one of the lawyers said " As far as DACA eligibility is concerned, as long as you did not depart the country for 90 days or more, on a single trip, you did not "interrupt" the annual physical presence required for DACA purposes. Ignore that statement "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", since it doesn't apply to you. That is a warning only to those who have already applied for DACA and have their applications being processed, but not yet decided upon, which is obviously not your case, since you have not even applied yet." 

[Theresa 63]

was your visa expired on June 15,2015 and are able to prove continuous presence every 3 months from June 15, 2015 till the day you summit your application?

Then I would give it a shot based on avvo lawyer's opinion. Other wise you will never know till you try, right?

[kimaful 1]

I am in Fontana as well and there is a lawyer firm out on Sierra, I think, that can give you free advice in person if you present to them your case. I am currently waiting (already took biometrics) for an answer for DACA but I too was in and out of the states, me it was due to asthma/health problems, since my parents live in Mexico and they have free healthcare over there it was my best option at getting help and not dying from an asthma attack. What she said is true, as long as your exits do not exceed 90 days, the lawyer i went to said that of your leaves were more than 90 days but they were not your choice (mom or dad made you go with them to mexico) then you can argue your case and you can win and get approved.