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  • DACA and F2A Consulate processing

    Hi all,

    So I have DACA and my LPR mom petitioned for me and now I got DQ'd and currently waiting for interview date (expected later this year). I want to confirm I won't be barred from reentering the US if I do leave to go back to my country for consular processing. I came on a tourist visa and got DACA before I turned 18, and continuously renewed since then (I am currently in my mid-twenties). By the book, I'm going to safely assume I did not accrue any "unlawful presence" that would bar me from reentering the U.S.

    Also, suppose I do go through with consular processing, what kind of questions should I expect at the interview? Thank you.

  • #2
    That's correct. You don't accrue unlawful presence for the purposes of the 9B ban while under 18 or while on DACA. So you should not trigger a 9B ban when leaving the US.

    Did you only enter or tried to enter the US once?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      That's correct. You don't accrue unlawful presence for the purposes of the 9B ban while under 18 or while on DACA. So you should not trigger a 9B ban when leaving the US.

      Did you only enter or tried to enter the US once?
      I entered the U.S once when I was a child on a tourist visa. Never left the country since. Leaving the U.S. for consular processing interview later this year would be the first time I'm leaving the country.

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