Can he possibly qualify for the Deferred Action Program?

Asked almost 2 years ago - 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. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . No. The trip was not short.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Robert West

    Contributor Level 20

    Answered . Not eligible.

  3. F. J. Capriotti III

    Contributor Level 20

    Answered . 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... more

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