DACA Applicants Getting Creative With Proving Presence in the U.S.

favoritesIt’s not always easy to prove your location for a particular period of time, much less where you were on a particular day. But those are exactly the challenges faced by young people applying for a work permit and temporary permission to remain in the U.S. under the Deferred Action for Childhood Arrivals (DACA) program.

To be DACA-eligible, they need to prove two types of presence in the United States:

  • continuous residence since June 15, 2007 up to one’s DACA application date (excluding brief, casual, and innocent departures), and
  • physical presence in the U.S. on June 15, 2012, and also at the time of applying for deferred action.

The standard advice from lawyers like me is to come up with things like school, employment, and dental records. But trust the younger, Internet savvy applicants to come up with more creative forms of evidence, such as:

  • Facebook check-ins
  • Tweets
  • Traffic and speeding tickets
  • Netflix records, and
  • Restaurant receipts.

The good news is, U.S. Citizenship and Immigration Services (USCIS) seems to be just fine with considering these unusual forms of proof. It’s all detailed in this article from ABC News: “Unusual DACA Documentation Includes Speeding Tickets, Netflix, and Facebook.”

For more information on DACA eligibility and application requirements, see the “Deferred Action for Childhood Arrivals (DACA)” section of Nolo’s website.