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Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Tuesday, March 26, 2013

Deferred Action (DACA) Illegal Immigrant Proves Presence Through Video Game Recrods

A young man that was brought into the US at age 1, and won approval of the Obama Administration's new Deferred Action for Childhood Arrivals (D.A.C.A.) program. (Journal Sentinel) Those approved under this program are allowed to remain in the US for two years without fear of removal, renewable for another 2 years. They are also allowed to get a work permit.

As part of the requirements, 5 years of continuous presence is required int he US.  This can be difficult for those that have been out of school for a period of time and that do not have a work history. An innovative attorney used the Video Games records:


"...So he went to see Milwaukee attorney Davorin Odrcic to apply. 
"He met all of the requirements. He had no criminal record, graduated from high school with honors and lived here since the age of 1," said Odrcic. But to qualify a person also has to prove continuous residency in the country since June 2007. That proved problematic. 
Most can provide high school transcripts, work records, rent receipts, medical records or other documents that provide a paper trail to establish continuous residency, he said. Because Muñoz graduated in 2005 and hadn't worked, he didn't have that documentation for 2007 on. He lived at home and didn't have medical records to back up his residency. 
...[the young immigrant[ had an Xbox Live [Video Game] account and, with it, had downloaded demos and games and communicated with other Xbox users. 
"He sent me the proof of this that had his address, his account information and proof of all the games he had downloaded or purchased since 2007. It worked perfectly to establish that he's been here continuously," Odrcic said. 
Along with the pages and pages of video game records, Muñoz included a notarized affidavit stating that he was including "true and correct copies of my Xbox purchase history."
He was able to get his work permit and finally get a driver's license allowing him to live his work and personal life without fear. 
This wonderful new program gives a breath of fresh air and freedom for many young immigrants that dream to live a full life in the U.S.

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