Burlington, NC asked in Immigration Law for North Carolina

Q: Can former DACA recipients apply for a tourist visa?

I am a DACA beneficiary since 2012. If I leave the US voluntarily renouncing all DACA benefits, how easy (or how hard) would it be to apply and be granted a tourist visa to visit the US in the future as a simple tourist?

Related Topics:
2 Lawyer Answers
Mario Musil
Mario Musil
PREMIUM
Answered
  • Immigration Law Lawyer
  • Portland, OR

A: If you leave the US, you will trigger the 10 year ban, preventing you from returning to the US with or without a visa for 10 years.

Allen C. Ladd
Allen C. Ladd
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: Very unlikely that it would be approved. Best case would be if you were granted DACA before age 18 ... that means you have been lawfully present as an adult and may, eventually, apply for an immigrant visa through a permanent resident process.

But even so, you have presumably spent a number of years in the United States and this would make it difficult if not impossible to prove that you truly have the intention to return to your home country if a visitor visa were granted.

And, you MUST leave the USA in order to apply for the visa. Visas are processed at US consulates abroad, and you will attend a live interview for the visa there.

My advice is to wait for the results of the presidential election. If Biden is elected, there will likely be a measure of immigration reform, perhaps a road to legal status ... a new law. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.