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Types of Relief & Eligibility

Miami, FL |

If i've filed for deferred action which is pending & was done as a last attempt, i am 33 in a few weeks, not fully meeting criteria for DACA, what other relief could there possibly be that i qualify for? I'm an overstay since 2010, in unlawful presence & status.

Attorney Answers 3


Thanks for your inquiry. I think that the question that need to be asked here is why in the good lord's name did you apply for an immigration benefit for which you are clearly not qualified. Listen, I get it that you may want to remain here in the US, but doing it in a way that may likely result in you being sent to see an immigration judge (IJ) is a really thoughtless way to do so.

The guidance which the government has issued with regards to whether a denied DACA application may result in the issuance of a Notice to Appear sending you to see an IJ. And if I had to guess, an absolutely meritless application for DACA is a really good prospect for an Immigration Services Officer looking at your application and figuring that you really wanted to be sent to the Immigration Court to see an IJ.

Do yourself a tremendous favor and really think about what you are doing here. You do not have status, you do not appear to have the prospect of getting it and you are sending applications to the government that may likely result in you having to spend money on an attorney to help you through the process of being removed and deported from the US.

If after thinking about that you still have doubts, find a good attorney and spend some money to consult with them about your prospects for remaining in the US. And if you do not think that that conversation is worth the expense, please do not do anything else that is likely to give you the result that you appear most to want to avoid. Good luck.

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Much more information is needed to determine whether you qualify for any form of immigrant of non immigrant status.
Filing for DA when you are not qualified may trigger deportation proceedings.

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More facts are needed before anyone could recommend a course of action for you. However, applying for a benefit which by your own admission you are not eligible for was certainly unwise. Consult with an experienced immigration attorney who can review your and advise you what options many be available to you and how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.

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