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

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!

Paradise, CA -

Attorney Answers (4)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA

No, he is ineligible.

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

Carl Shusterman, Esq.
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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
Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA

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
Tsirina Goroshit

Tsirina Goroshit

Immigration Attorney - New York, NY

No he cannot.

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

Kevin Lawrence Dixler

Immigration Attorney - Chicago, IL

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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