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I was deported in 2009, do i still qualify for dream act?

Aurora, CO |
Filed under: Deferred action

I was applying for a permanent resident status and i had my appointment in cd Juarez, but it was denied when i was trying to get back i got deported but i still came back, i was out of the usa for about a month. Do i qualify?

I was referring to DACA

Attorney Answers 3


  1. If you otherwise qualified for DACA, then the issue is whether your departure was "brief casual and innocent" from the US. The continuance residence period for DACA can be met even if with short absences from US. However USCIS has specific guidance which provides unfortunately that if the absence was because of an "order of exclusion, deportation, or removal" it will not qualify under the exception. Have a consult with excellent counsel to discuss further but based on your question it does not appear that you meet the continuous residence requirement. An attorney can also help you to determine why you were denied and whether you need a waiver. Good luck

    No attorney-client relationship is created or implied by this communication.


  2. No. Illegal Reentry after removal not only disqualifies you from DACA. but also subjects you to the "lifetime bar" which means you will have to spend 10 years outside the US before you could even think of applying for anything.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Possible solution for you can be in the details of your "deported". consult with removal specialist to get a better picture of your eligibility.

    We are full service immigration and international family law firm with attorneys licensed to practice in Colorado and Federal Courts. We do not give legal advice on this website and you can not rely on internet without proper legal consultation or legal representation. If you need legal advice please contact this firm or other attorneys in your jurisdiction.

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