Philadelphia, PA asked in Immigration Law for Pennsylvania

Q: I came to the US back in august of 2013 (age 15) w a B1/B2 visaand I stayed after my 6 months limit. an Eligible for DAC

Tourist visa from Brazil (allowed stay 6months max), am I able to apply for DACA?

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2 Lawyer Answers
Roland Godfrey Ottley
Roland Godfrey Ottley
  • Immigration Law Lawyer
  • Brooklyn, NY

A: Let us say for argument sake that you do qualify for deferred action for childhood arrivals, I do believe that there is a ban on USCIS processing initial DACA applications. The Biden Administration is attempting to reverse that ban in an ongoing appeal. Therefore, if you are filing this application for the first time, it is likely that you will not be successful. You will have to follow the outcome of the appeal to see if you can go ahead and file your applications.

Caitlin  Costello
Caitlin Costello
  • Immigration Law Lawyer
  • Philadelphia, PA

A: Unfortunately, no. One of the requirements for DACA is that you were present in the United States on June 15, 2012.

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