Can I apply for " Deferred Action for Childhood Arrivals" if my I-485 application was denied.

Asked about 2 years ago - Bayshore, NY

In 2004 my I-485 application was denied because the principle applicant's, (my father's), I-485 was denied. At the time i was under 18 years of age and now I'm 21 years old. I have my Social and an expired Work Permit that i can't renew. When my case was denied we immediately filled a Motion to Reopen or Reconsider to the adverse decision. The motion was denied. Can i apply for " Deferred Action for Childhood Arrivals"? I know it would be better to fix the I- 485 situation but aim not sure if i can do anything. My father's I-485 was rejected because he was "inadmissible, such inadmissibility was the result of his unlawful presence". But the thing is that my father didn't abandon his application because he left with specific permission of the government through the Authorization for Parole

Additional information

The Governement specifically says on the Authorization for Parole that the petitioner is allowed to leave the country and is permitted to " resume [his] application for adjustment of status upon [his] return to the United States". My father was entitled to rely on this statement on the Authorization to leave the country to attend to a family emergency without running the risk that his application for adjustment of status would be considered abandoned or denied.

Attorney answers (3)

  1. Eugene J. Glicksman

    Contributor Level 17

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    Answered . If you otherwise qualify, you should b able to apply for deferred action under DACA. I would strongly suggest that you consult with an experienced immigration attorney before filing any application. If you cannot afford one, check with your local bar association or religious institution for organizations offering low- or no-cost assistance with these applications.

    I also suggest this because a recent decision by the Board of Immigration Appeals may affect your father's case (Matter of Arrabally/Yerrabelly, 25 I&N Dec. 771). An experienced immigration attorney may be able to assist in filing a new motion to reopen/reconsider.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you were a 'derivative' of your father's application ... they properly denied your I-485. Your father being unlawfully present isn't the same thing as 'abandoning' his application.

    You appear confused & would be wise to meet with an attorney in private.

    Most likely he/she will recommend that you apply for DACA.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more
  3. Shokry G Abdelsayed

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Yes, if you are eligible for deferred action status, you may apply for it even if you have a denied I-485. You should definitely speak with an immigration attorney about your matter.

    Contact Shokry G. Abdelsayed, Esq. at 201-471-7989, NY and NJ. Answers on AVVO do not constitute legal advice and... more

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