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Can I become a U.S citizen if I apply for the deffered action?

San Antonio, TX |

Im 17 years old and want to go to college, but I cant work in the u.s I've been here almost all my life and came here when I was 3 years old. I want to know if I should go to college if I am not even legal in this country

Attorney Answers 4


  1. go to college. someday the Congress will get it all together and give you a path to citizenship

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.


  2. Actually a DACA filing for you is critical as it will toll the accrual of unlawful presence. This will allow you to complete college, depart and reenter with an H or an L (based on the current laws) and then get an employment based green card. Or if you get married, the lack of accrual of unlawful presence will allow you to depart and return with a green card based on the marriage. Get it filed ASAP.


  3. To become a US citizen, you must first be a legal permanent resident. DACA does not provide a path to legal permanent residency.

    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.


  4. Deferred Action for Childhood Arrivals (DACA) was announced June 15, 2012 and allows certain people who entered the U.S. before their 16th birthday to apply for a 2-year reprieve from deportation. It is not status or permanent residence but allows you to apply for Employment Authorization if you meet economic necessity. Be advised you should consult a competent immigration attorney before deciding to apply for DACA or any other immigration relief. Visit the uscis.gov website specifically, uscis.gov/childhoodarrivals for more information about DACA .

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