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What is my exact citizenship status?

Glendale Heights, IL |

I recently was part of the group that received deferred action and a work authorization permit (for students trying to go to college). This allowed me to get a license and to find legal work. What is my legal citizenship status? I do not have a green card, nor am I waiting for one. I did not come here on a student visa. My parents are not citizens, nor do they have green cards.

Attorney Answers 7


  1. Deferred Action for Childhood Arrivals (DACA) is just that deferred action. While allowing you to get a work card, social security card and a driver's license it does not change your immigration status. Also, DACA expires in two years and you will have to renew it. While it is a good thing, DACA is only a bandaid not a cure to your immigration status.


  2. You are not a citizen; you do not have a claim to citizenship or legal residence based on DACA, as of yet without a change in the law. Be sure you (a) keep an eye on the possible immigration reform, if any, from Congress, and (b) keep in mind you will have to renew your DACA within the time period required by DHS. Do not miss that deadline. Good luck

    No attorney-client relationship is created or implied by this communication.


  3. An approved DACA means merely that the government has officially agreed not to deport you for the time being, and that you are allowed to study and work. It does not provide you with any true status, especially not 'citizenship' status.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  4. You are not a US citizenship nore permanent residence. USCIS has granted you deferred action.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.


  5. Recipient of DACA, eligible to work, but your status is "undocumented"

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


  6. Deferred action is your status. It means as a matter of prosecutorial discretion they will not deport you right now, even though you are not in any nonimmigrant visa status, nor are you a lawful permanent resident nor US citizen.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  7. Your country of birth probably.

    JP Sarmiento
    Free Consultations (email /phone/in-person)
    (216) 573-3712
    jp@sarmientoimmigration.com
    www.sarmientoimmigration.com

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