If my friend applies for the deferred action policy, will his deportation be deferred for 2 years?

He already has someone (his step father who is a resident) petitioning for him. He is 30 years old, has a HS diploma/ been in and out of college, has been living in the US since he was 8/9 years old. He has a deportation since he tried re-entering the US in 2007 and was caught. It is a 5 year deportation, he re-entered the US anyway and has been living here ever since. Because he is in the process of getting his step father to petition for him, his lawyer said it would be at least ten years that he will be deported because he has not served his 5 years and has not asked permission from the attorney general.

San Marcos, CA -

Attorney Answers (2)

J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

You have an attorney. He/she knows the facts of your case. We do not. You need to ask your questions from your attorney.

You are essentially asking us to second guess your attorney without having all the facts. No competent attorney is going to do that.

You certainly are entitled to a second opinion. However, rendering a second opinion requires an analysis of all the facts, including any filings by your present attorney. That is not something that can be done for free through Avvo. You would need to retain an attorney for the purpose of giving you that second opinion.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Mary Kathleen Neal

Mary Kathleen Neal

Immigration Attorney - Chicago, IL
Answered

Best to listen to the attorney. He or she will probably be keeping up with the deferred actions procedures.

The deferred action program covers people who have continuously resided in the U.S. for the five years leading up to June 15, 2012, which you friend may not have been if he entered illegally twice since 2007.

Also, it is not clear that a person who has entered illegally as an adult will be eligible. USCIS is still working on guidelines and procedures.

Law Office of Mary K. Neal | www.immigratechicago.com | info@rogersparklaw.com| 773-681-1335 This answer is... more

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