He is 16 and a Sophomore in High School. He's been here for almost 10 years
Being enrolled in school is one qualifying factor. So being in high school counts in his favor.
However, USCIS is not yet accepting applications for deferred action. He will need to wait 60 days or so until they have their process in place.
See the USCIS "frequently asked questions" here:
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Most likely, once USCIS announces how to proceed.
1. Obama's action is a policy and not a law. It is not an Act.
2. USCIS has yet to announce how the application process will be carried on.
3. I will be updating http://engnishimura.com/faqs/deferred-action-young-immigrants as details become available.
4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.
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.
So far so good, but there are more specific details yet to come. Here is a video for you to review, I hope it helps you.
Attorney Sheehan and www.myeasyvisa.com do not acknowledge any Attorney-Client relationship here on avvo.com. These answers are general and for reference purposes only.