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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.

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Attorney answers 7

Posted

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.

Asker

Posted

Thank you for the fast response. Alright so DACA did not change my status. Noted. What, then, is my official status?

Scott Thomas Helsper

Scott Thomas Helsper

Posted

Without any information to the contrary, I would say that your status is illegal alien. DACA gave you a deferral from being deported but if that expires or if you are caught committing a crime, you could easily find yourself in removal proceedings.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Correct.

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Indeed

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Exactly right.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Thank you Counsel.

Posted

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.

Asker

Posted

Understood, but based on the information I have provided, can you tell me what my exact status is called? I would like to know so I can write the correct info on my college applications.

Posted

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.

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

you can just put DACA holder as the status. the unofficial word is "DACAmented"

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Please kindly mark the above opinion helpful.

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

"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. " Where is that assurance coming from?

Posted

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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