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What evidence do you need to in order to prove the various requirements of physical presence in DACA?


The immigration reform expanded DACA and allows persons who meet various requirements to essentially get relief from deportation and removal from the United States, to be able to stay here legally and to get a 3 year work permit.

Brian D. Lerner states it is one thing to qualify for immigration reform under DACA and yet another thing to prove that you qualify. For example, one of the requirements is that you entered the U.S. before you were age 16. How can you prove this? There are various ways according to Brian D. Lerner, immigration attorney.  For example, for the immigration reform for DACA, you could provide declarations from persons familiar with when you entered the U.S. and how you entered. Of course, the more specific they can be in the declaration, the more credible and believable the declaration is.

 

Brian Lerner states you could also provide any receipts you have received when you entered the U.S. For example, invoices, rent receipts, tickets, groceries, etc. Of course, it might be many years ago you entered the U.S., and therefore, getting receipts might be difficult. Per the immigration reform requirements for DACA, you could also get tax bills you might have received when you were young. You could get your parents tax filings to show you were a dependant. If you want to school, states Brian Lerner, you could get report cards, school records, immunization records and the like.

For immigration reform, each case is different, but there are ways of properly putting together a petition so that you have a much better chance of success. Brian Lerner states in some cases, when people will try to submit the immigration reform DACA package themselves, they will put a statement to the effect: “I was here in the U.S. before I turned 16 years old”, but they will not provide one scintilla of evidence otherwise. Obviously, this will not work. Remember, states Brian Lerner, it is your burden to prove the elements for the immigration reform DACA, not Immigration’s burden to disprove it.

 

Another element, states Brian D. Lerner, that must be proven for the immigration reform for DACA is that you have been physically present in the U.S. since January 1, 2010. This is not the same type of burden that would be required as  would be the case showing you entered before you were 16 years old. This is a continuous showing of evidence, not just a single day. Thus, Brian Lerner states that under the immigration reform for DACA, you could also submit declarations from yourself and other people to verify how long you have been here and that you meet this requirement. However, if the declarations are given by persons that are not related to you, it will carry a lot more weight than for example if it is your mother or father.

See Brian D. Lerner speak about the immigration reform news 2014 about the new DACA

Additionally, the declarations must be of personal knowledge, not just what you might have told them. In other words, according to Brian D. Lerner, a supporting declaration must be believable, detailed and have sufficient facts to meet the burden of proving this requirement for the immigration reform for DACA. Here instead of simply showing school records from when you were 16, you could show the years of school records from 2010 up until the present. You could get evidence that you have worked and get payroll records and tax records for all those years. If you rent, you could get rental statements and lease agreements and evidence you have paid utilities for all the various years in question.


Brian Lerner states that you could get court documents if there were any court action, or you could get various records that you were under medical care or in some type of proceedings. Brian Lerner states that just submitting one form of evidence is probably not sufficient and will not meet your burden for the immigration reform requirements.

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