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Do i still qualify for the defered action childhood arrival?

Los Angeles, CA |
Filed under: Deferred action

I came to the America when I was 12 years old. I stayed for five months and went back to my country. I came back when I was 20 and ever since I have been living in America for the past 7 years. The only prove i have from my first short period i stayed is mi ITIN number which was processed when i was here the first time.

Attorney Answers 3

Posted

You need to immediately seek, and hopefully retain, competent immigration counsel in your area.

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Posted

If you meet the other requirements, you very well could be eligible. I would guess USCIS would deny the case as a matter of discretion since your most recent entry of any significance was well after you turned 16.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

No, you do not.

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.

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3 comments

Asker

Posted

It would help to explain why they do not qualify. See that is exactly what I mean. You are very short with your answers and provide no explanation. I'm sure you are a good competent lawyer but come off as negative. I'm assuming this person doesn't qualify because he came back to the US at age 20 where as the DACA requirements are you should have been here since age 16. Mr. Stephen D. Berman provided a very sufficient accurate answer. Big difference from no, you do not.

J Charles Ferrari

J Charles Ferrari

Posted

Actually, Mr. Berman's answer is anything but accurate. Your trip prevents you from qualifying because it was not "short, innocent, and casual." All three requirements must be met.

Asker

Posted

and he was supposed to have been in the U.S. before the age of 16 I believe but he came back at age 20. Mr. Berman also noted USCIS would deny the case since the asker most recent entry was after he turned 16 but maybe that person shouldn't take a chance if he's not already in the system and could possibly face consequences.

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