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Am i eligible for deferred action

New York, NY |

hello, first of all i came to the US when i was 6 on a tourist visa even though i over stayed i left before turning 18. i have met all the guidelines for deffered action except for one i was not present on june 15 2012 because, my father was deported on february 2012 and i left the country with him. I wasn't deported i just chose to leave before i turned 18 years of age. I just wanted to know if i can still apply for deffered action even though i am currently not in the U.S. Or is there anything else i can do to re enter the U.S

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Attorney answers 4


Since being present in the US on that date is a requirement you would not qualify.

Legal disclaimer: The statement above is general in nature, 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.


The requirements are very strict for deferred action -- there is no way around the requirement that you be present on June 15, 2012, so you are not eligible for deferred action. If you have a U.S. citizen or Lawful Permanent Resident family member who can petition you, you could return someday through them. The good thing about your situation is that since you left the U.S. before turning 18, you would not have accrued any unlawful presence, which could have hurt your future chances of coming back.

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Physical presence in the U.S. on June 15, 2012 is a requirement. If you cannot meet this, you will not qualify for DACA. See if you can come back on a student visa. If this is not possible, go to school in your country and come back on a working visa as long as you meet the requirements. You will not be barred from returning because you left before you turned 18.

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I agree with my colleagues. You MUST have been present in US on June 15, 2012. As such, you would not qualify for DACA. However, perhaps there is other relief available to you. I suggest you retain an immigration attorney to review your documents and go over all of the options with you. Good Luck.

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