"Unlawful Status: Deferred Action for Childhood Arrivals by ICE". as it says on the instructions. Some people say its wrong because my case hasn't be deferred.
Overstay or EWI if you entered the US without being inspected.
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Carl Shusterman, Esq.
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Those "people" don't know what they are talking about... As it now stands, you have NO legal status.
We have not put "unlawful status" in any of our clients' applications. The way we answered the question is to put "None - EWI (entered without inspection) if that is really the case , OR:
"None - Waived Through" for those applicants whose parents (or a "Coyote") brought them in as a passenger in a vehicle on a crib or otherwise, and the passengers were "waived thru" by the Immigration inspector. That is considered a valid entry by Federal Courts of Appeal and treated as such by USCIS.
You need to question your parents or whoever brought you to the US as a child or infant, prior to answering that question.
I would put "none". You could put "none - EWI" which means that you have no status and that you entered without inspection. Entering without inspection means you did not go through customs or a border line when you entered the country (you entered without an immigration officer "inspecting" you). I don't think it is necessary to put "EWI" and I would not recommend putting it on there unless you are absolutely sure you were not inspected (See matter of Areguillin, where being "waived in" may count as inspection and may give an applicant a legal advantage when adjusting status).
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