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 an illegal resident since I was 1 years 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.
A:
The law creates complications. The law presumes that you have immigrant intent, so being approved for a visitor visa seems very questionable. There may be other reasons to deny the visa application.
I strongly recommend an teleconference or Zoom Meeting with a competent and experienced immigration attorney, where you have a desire and expectations to return
A: Certainly. If you had DACA and left the U.S. without obtaining advance parole, it's considered as departing without a lawful status. This can result in bars to reentry, particularly if you accumulated unlawful presence before leaving. Since you were under 18 when you left, you didn't accumulate unlawful presence, which typically triggers the 3 or 10-year bars. However, the fact that you left without advance parole might be viewed unfavorably. You can apply for a tourist visa, but the prior DACA and manner of departure could be factors in the consular officer's decision. It's essential to be forthright about your history and circumstances during the application process. Consulting with an attorney before proceeding might be beneficial.
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