HYPOS FOR DACA PANEL
DACA ELIGIBILITY
•Maya came to the United States with a false green card in 2003, when she was
eleven. In 2010, she was caught doing graffiti and pled guilty to once count of
misdemeanor vandalism under California Penal Code 594. She has never left the
United States, and graduated from high school in 2010.
•Jose came to the United States in 2001, at age 14. He was caught at the border and
sent back to Mexico twice. The Border Patrol told him he was banned from
reentering the country. He doesn’t remember if he signed or received any papers
during his brief detention. He successfully entered on his third attempt and has
lived here ever since. Jose has had no other law enforcement contact and is about to
receive his GED.
•Magda came to the United States in 1993, at age 2, on a tourist visa, which she
overstayed. In 2002, she returned to Mexico for two years. In 2004, she returned to
the U.S. unlawfully, and remained until 2006. In 2006 she went back to Mexico for a
year, returning to the U.S. in March, 2007. She has lived in the U.S. since then,
although she went to a family wedding in Sonora, Mexico, in 2011.
•Brisa came to the United States in 2003, when she was fourteen. She went to live
with her cousins in Santa Rosa and has worked picking grapes for 12 years. She has
two citizen children and an undocumented husband, who also works in agriculture.
•Daniel came to the United States in 2005, when he was fifteen. He crossed the
border alone, undetected, and made his way to Los Angeles. Initially very
disoriented and intimidated by the city, he spent more than a month living on Skid
Row. After his sixteenth birthday, he got a construction job and found distant
relatives to live with. He has twice received citations for driving without a license,
and once his car was impounded.
•Peter came to the United States without authorization in October, 2006, just after
his third birthday. He has lived here ever since, and is now a high school freshman.
He does not have any criminal history.
•Clara came to the United States without authorization in 2006, when she was 9
years old. She has lived here ever since, and has just graduated from high school
this spring. She does not have any criminal history. In the summer of 2012, Clara
spent four months hiking the Pacific Crest Trail with her friend.
RISKS OF APPLYING
Keanu, 32, has been living in the U.S. without status since he came at age 10 in 1994.
In 2009, Keanu was convicted of possession of 2 ounces of marijuana and sentenced
to 2 years probation.
Veronica is 23, and she was convicted of misdemeanor theft in 2010 and a DUI in
2011. She expunged the DUI in 2013.
Malik is 22, and he was convicted of felony vandalism in 2013 and sentenced to 2
weeks in jail and 3 years probation.
Later that year, he was convicted of misdemeanor carrying a weapon (knife) and
sentenced to one month in jail and an extended 5 years probation.
In 2015, he was convicted of “wet reckless” (a lesser DUI offense) and paid a hefty
fine.
Malik reduced the felony vandalism to a misdemeanor and expunged the record in
2016.
AP-AOS
Joseph is 32 and has DACA. He entered the US without inspection at age 10 and
never left the country until 2015, when he travelled under advance parole to a
conference for work. He recently married Edgar, a US citizen.
•Can Joseph apply for permanent residence in the US?
•Does he need a waiver?
Marta entered the U.S. EWI in 2004. In 2013, she married Roberto, an LPR. Roberto
filed an I-130 petition for Marta, and it was approved. Marta now has DACA and
doesn’t want to pursue consular processing because she is fearful of being denied a
visa abroad.
•If she gets advance parole, will she be able to adjust?
Li is 26 and has DACA. She entered the U.S. in 1997 on a tourist visa, which expired
in 1998, but Li stayed. In 2006, Li traveled back to China to visit family and
reentered a few months later without inspection. Li is married to a U.S. citizen.
•Can Li AOS through her USC spouse?