Deffered action question

Asked over 1 year ago - New York, NY

I grew up in the US, 1998- 2011 Entered the US through a tourist visa. I left before the 18 years and 180 days of age so I wouldnt have problems with US law enforcement. So does this mean I'm no longer applicable since I voluntarily departed? My father is on the waiting process to get his residency through my uncle. I believe he submitted it in 1999. Am I just going to have to wait too or did I outaged that too?

Attorney answers (4)

  1. Laura Justine Jacobson

    Contributor Level 13

    7

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If you're asking about your eligibility for deferred action, unfortunately the answer is no. It sounds like you might have met all the requirements, except that you had to be here in the U.S. on June 15, 2012. Without that, there is no way to qualify. As far as the family petition for your father, you will not age out of that until you turn 21.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  2. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with my colleague. Your question is very confusing. Are you saying you overstayed 18 years or you stayed in the country until you we're 18 years old? Are you asking if you would acquire status through your father? Do consult an experienced immigration lawyer for guidance.

    www.MyImmigrationLawyer.info
    J Thomas Smith
    713-LAWYER-2

  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    4

    Lawyers agree

    Answered . Your question is a little confusing, no longer applicable for what?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I see three issues.
    1. You are not eligible for deferred action. You failed to remain in the US, and were not in the US on June 15, 2012.
    2. You should have no problems with unlawful presence. All time under age 18 does not count toward unlawful presence. The unlawful presence bar applies only if you have 180 days or more of unlawful presence.
    3. Eligibility for derivative status depends on factors either not yet in existence or not provided by you.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,025 answers this week

3,080 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,025 answers this week

3,080 attorneys answering