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.

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.

About Author

Brian Lerner

Many years ago, Brian D. Lerner has passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. He can handle the most difficult of immigration cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. He received his B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. He graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree.

Mr. Lerner is admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 6th, 5th, 4th, 3rd, 2nd and 1st Circuits. This means that he can prepare and file all Circuit Court of Appeals and U.S. Supreme Court cases.
As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.

Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.

Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

Mr. Lerner’s clients are from all over the United States and many countries around the world. Immigration Law is Federal Law. Therefore, a petition or application would be prepared the same in Texas, Florida, or any other State as it would in California. It is more important for you to make sure that you have an expert attorney in Immigration Law prepare your case, rather than a lawyer who happens to be local. There is too much at stake to just give your case to anyone.

Mr. Lerner will fight for you and your family. Since he is married to an immigrant himself, he is committed to helping people from all around the world to come to the United States to realize their dream.