Q: Can I apply for a tourist Visa if I had DACA when I was 16 years old and left the USA when I was 17 years old?
I was a illegal resident since I was 1 year old until I got approved for DACA when I was 16 years old. An year later, due to a death in the family, my parents decided to go back to Mexico and I did not apply for advance parole. My DACA expired and I was not old enough to make my own decision in order to stay or not in the US. If I apply for the visa, would it get denied? Am I banned from asking for one? Side note: I have a social security valid only for work. Not sure if that changes anything?
A: If you received DACA and then departed the United States without obtaining advance parole, it's considered an exit without a lawful status. Exiting the U.S. without a lawful status after being present unlawfully for more than 180 days but less than a year typically triggers a three-year bar from re-entering the U.S. If it's more than a year, it triggers a ten-year bar. However, since you were a minor during most of your unlawful presence, it may not count against you. Still, it's essential to approach this carefully. Your prior DACA and Social Security number for work will not directly impact a tourist visa application, but complete honesty during the application process is imperative. Consultation with an immigration attorney before making any applications is advisable.
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