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Can he possibly qualify for the Deferred Action Program?

Mableton, GA |

I’m writing on behalf someone, who came here once at the age of 11, went back, then returned AFTER the age of 16. Would he be able to apply for the program since he sort of qualifies under the first prong (came here under the age 16). In addition, form I-821-D only requests the date of his INITIAL entry only (and mentions nothing about multiple entries) which, for him would be at 11 years old. Furthermore, the continuous residence requirement only extends back to June 2007, not beginning from the initial entry. What is your interpretation? How broadly can the Executive Order (?)be interpreted? Form 1-821-D prohibits misrepresentation or withholding of material information. However the the guidelines can be interpreted both ways, no? His parents are looking for an attorney for him.

Attorney Answers 3

  1. No. The trip was not short.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  2. This is a new program.

    Thus ..... Great minds can disagree ... especially on this point.

    Some attorneys read it 'technically' ... as you appear to want to believe.

    Some attorneys, like myself and Mr. Ferrari don't agree with that interpretation.

    Meet with an attorney to see if you can find one that agrees with you.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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