Can a person who has been here for 5 years and meet all the criteria, but is under F2 status, apply for the Deferred Action?

Asked over 1 year ago - Hudson, MA

He first came here before turning 15.
Is on his last year of High School.
He has been living here, however he went to his home country a few times for a short period of time.
He is 18.

I was told that it would not be possible, but that would be so unfair!
He meet all the criteria, however he is not undocumented.

Can anyone confirm?
Thank you.

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . Because the person is not undocumented, he does not meet the following criteria:

    Were under the age of 31 as of June 15, 2012;
    2. Came to the United States before reaching your 16th birthday;
    3. Have continuously resided in the United States since June 15, 2007, up to the present time;
    4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
    6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
    Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Kristina A. Gasson

    Contributor Level 12

    3

    Lawyers agree

    Answered . DACA is only a temporary immigration benefit (two years, subject to renewal) for undocumented young immigrants who have no other way to work legally in the United States. Your friend is actually in better shape than most DACA recipients because he is in legal status. His best bet is to try to enroll in a college program after high school and apply for his own F-1 visa.

  3. Haroen Calehr

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . DACA is for "undocumented" aliens who meet all the criteria NOT those who are in status.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . DACA has different criteria

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . DACA is only available to aliens who are unlawfully present in the United States. If the alien in question has been maintaining lawful F-2 status then he is unfortunately not eligible, as ironic as it may seem. This is one of the inequities of our immigration system and why comprehensive immigration reform is needed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  6. Stephen D. Berman

    Contributor Level 20

    3

    Lawyers agree

    Answered . You cannot apply for DACA if you are in lawful nonimmigrant status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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