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

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. 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
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. 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 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. No he cannot.

    The above is intended as general information only and cannot be relied upon as legal advice. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore You should consult an attorney about your particular situation. (212)880-1538 Law Offices of Tsirina Goroshit is a Full Service Immigration Law Office, at 275 Madison Avenue, 4th Floor New York, NY 10016


  4. 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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