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Will I qualify to the deferred action if I came to the United States at 16 years and 15 days old?

Bradenton, FL |

My dad came to the US 3 months before my mom and I did. I came here just 15 days after my 16th birthday on a tourist visa and overstayed. I graduated from HS in 2004, graduated from community college in 2008 and now I'm attending University of South Florida getting my bachelor's degree in computer engineering.

Attorney Answers 4


  1. If you arrived after you turned 16 you do not qualify for deferred action under the Napolitano June 15, 2012 Memo.

    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.


  2. You must meet ALL the requirements, including having entered the US while under the age of 16.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. My colleagues have advised you on this, correctly. One bright spot in your immigration history is that you came to the United States legally. If you are ever in a position to be sponsored for permanent residence by an "immediate relative" -- through marriage to a US citizen or through your parents if by chance they were to become US citizens -- then, assuming you have never left the United States since arriving, you could be eligible to apply for a green card.

    NOTE: The information contained in this communication is provided as a matter of general information only and not as legal advice. No attorney-client relationship is intended or established.


  4. I agree with my colleagues. You must meet the criteria squarely, and unfortunately you don't!

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