Is it possible to apply for the deferred action if you're not in the US?

Asked almost 2 years ago - Paradise, CA

I have a friend and he was illegal in the US. He came with his parents when he was little and overstayed. He doesn't have any history or anything that would disqualify him to apply if he were still in the country. He was not deported or had any removal process, but voluntarily left about 2 years ago. Recently, we found out that someone we knew applied for the deferred action outside of the US and was approved and is back in the US. I would like to know how is this possible and what would be the steps to take concerning this. Is there a loophole? Thank you so much!

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . No, he is ineligible.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No, and especially not in this case.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Tsirina Goroshit

    Contributor Level 14

    6

    Lawyers agree

    Answered . No he cannot.

    The above is intended as general information only and cannot be relied upon as legal advice. Laws change... more
  4. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . What you suggest happened was likely approved based upon fraud 'unless' the person left the U. S. for less than 90 days and the USCIS was convinced of that fact.

    This is general information, not legal advice, and does not create an attorney client relationship.

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