DEFERRED ACTION : Q#1: QUALIFIED? Q# 2: When did he acquire unlawful immigration status? Q#3: Can he file right now ?

I posted it yesterday but info was missing , please read more info: He came to US when he was 13 months old with an H4 visa and H4 was expired in 2008. In 2009 he was using AOS pending(i-485), he's been here in the US for 13 years ( continuous presence) I- 485 was denied after June 15, 2012 and he was out of status. Deferred action required --- *lawful immigration status expired as of June 15, 2012 He is only 14 yr. old , he will be 15 yr. old in a couple of months Deferred action required--*15 yr. old or older - edit

New York, NY -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

If he was in status on June 15, 2012, he does not qualify.

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

Karin Wolman

Immigration Attorney - New York, NY
Answered

Mr. Shusterman is correct: if the child's I-485 AOS was still pending on June 15, 2012, but denied on a later date, then the child does not appear to be eligible for DACA relief, even if the I-485 was improperly filed at a time when he was already out of status. This is basically a case-specific question and you should consult an attorney in person to review the documents. The Internet is not the best place to look for answers to something this specific.

This is general information only. It is not intended as a substitute for legal advice, and does not create an... more
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

From your facts, he was in unlawful status in 2008 ... and should never have filed for AOS ... hopefully an attorney didn't file those papers.

Yes, the person appears to qualify ... once they turn 15.

Get an attorney on your side.

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Franco Capriotti - Senior Immigration Counsel
CAPRIOTTI INTERNATIONAL LAW
franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
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IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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