A friend of mine was a TN Dependent through their father from 2008 to 2019. Their father, the main beneficiary of the TD visa, passed away last year which left my friend without status. They tried to apply to extend/change their nonimmigrant status with Form I-539 last June but has not received a response from USCIS yet. They hoped that they could apply for DACA since they are still a minor and currently in school. However, one of the guidelines of DACA states that someone may request DACA if they "Had no lawful status on June 15, 2012, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012"
Is my friend automatically ineligible for DACA because of this guideline? Can we still apply when he meets all other guidelines?
Is there another route for them to get some sort of status.
Thank you for any feedback you can provide.