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DEFERRED ACTION : Q#1: QUALIFIED? Q# 2: When did he acquire unlawful immigration status? Q#3: Can he file right now ?

New York, NY |

I posted it yesterday but info was missing , please read more info:

He came to US when he was 13 months old with an H4 visa and H4 was expired in 2008.
In 2009 he was using AOS pending(i-485), he's been here in the US for 13 years ( continuous presence)
I- 485 was denied after June 15, 2012 and he was out of status.
Deferred action required --- *lawful immigration status expired as of June 15, 2012
He is only 14 yr. old , he will be 15 yr. old in a couple of months
Deferred action required--*15 yr. old or older - edit

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Attorney answers 3


From your facts, he was in unlawful status in 2008 ... and should never have filed for AOS ... hopefully an attorney didn't file those papers.

Yes, the person appears to qualify ... once they turn 15.

Get an attorney on your side.

Franco Capriotti - Senior Immigration Counsel

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


If he was in status on June 15, 2012, he does not qualify.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.


Mr. Shusterman is correct: if the child's I-485 AOS was still pending on June 15, 2012, but denied on a later date, then the child does not appear to be eligible for DACA relief, even if the I-485 was improperly filed at a time when he was already out of status. This is basically a case-specific question and you should consult an attorney in person to review the documents. The Internet is not the best place to look for answers to something this specific.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.