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Immigration question: Can I qualify to remain in the United States under the new Obama administration plan from June 15, 2012?

Chicago, IL |
Filed under: Immigration

This is an immigration related question: I am in removal proceedings and I signed for Voluntary Departure and the due date of departure is in July, 2012. On June 15, the Obama administration came with a new plan for the undocumented youth.

To be eligible, applicants must: (a) be between the ages of 15 - 30; (b) have entered the U.S. before the age of 16; (c) have stayed in the U.S. continuously since entering; (d) have not been convicted of one serious crime or multiple minor crimes; and (e) be currently enrolled in high school, graduated or have a GED, or have enlisted in the military.

I am currently 30 years old, my first arrival in the U.S. was at 15 years old, I've been in the U.S continuously for the past 12 years, graduated H.S. here,I'm still studying now,and no criminal record

Attorney Answers 5


  1. You will qualify for the new policy. Contact your immigration attorney immediately. Or you may contact USCIS or the Department of Homeland Security today with questions.

    See the link on my website news section for the guidance provided by Homeland Security last week.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. You need to contact an attorney as soon as possible because of your pending departure deadline. DHS is expected to set out the details in the next 60 days, and it is not clear yet what the specific requirements will be - it's not known, for example, if they will require proof of being "under 30" or "not over 30". There is a meeting at the White House today with members of the immigration bar. It's possible that those of us in the American Immigration Lawyers Association (AILA) will be receiving some notes from that meeting later in the day.

    There are indications that deferred action will be available to people in proceedings and, in some cases, people who have been ordered removed, and depending on the criteria that are announced it may be necessary for you to reopen your case for purposes of seeking this relief. This can be a little complicated, and I suggest that you use an attorney. Good luck!

    Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


  3. I agree with my colleagues that you should consult with an attorney as soon as possible to review your case against the criteria for deferred action, and to file whatever paperwork will be needed before your departure deadline. You sound like a good candidate, but will need to have an attorney really look over your history to be sure.

    This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.


  4. Possibly.

    1. Obama's action is a policy and not a law.

    2. USCIS has yet to announce how the application process will be carried on.

    3. I will be updating http://engnishimura.com/faqs/deferred-action-young-immigrants as details become available.

    4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.

    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.


  5. Daniel's answer here is the most responsive to your question and it is also the best. I would follow his advice. Here is a video in case you have more questions about the program.

    Gregory

    Attorney Sheehan and www.myeasyvisa.com do not acknowledge any Attorney-Client relationship here on avvo.com. These answers are general and for reference purposes only.

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