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Deferrred action

Santa Rosa, CA |

I'm planning to fix my status through the deferred action because I went wit a lawyer here in santa rosa ca and he told me that I can't fix my status as a green card thought marriage because my wife is working amd she's not sick so I'll have to face a 10 years bar... But I can't go back to mexico because tijuana is a really bad much crime so there not another way to prove that if I go to mexico it will be bad for my family..and if I get deferred action I have to go back to juarez... If I get deferred action it will affect me if in the future if the congress and the president pass a immigratiom reform

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Attorney answers 4


Assuming you qualify for DACA, no one knows what the future will bring to "immigration reform." No one knows how future reform will affect you. However, for the present, here are the guidelines for DACA:

You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012; Came to the United States before reaching your 16th birthday; Have continuously resided in the United States since June 15, 2007, up to the present time;

Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Keep in mind that DACA confirms no legal status. You could still be removed at some time in the future. I suggest you get a consultation from an experienced immigration attorney.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Deferred action is not a path to a green card.

See links below regarding immigration reform:

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.


That said we do not know how if at all the immigration laws will be reformed, however, it is unlikely that having deferred action will affect a future application so long as you have no other inadmissibility issues. You should contact an immigration attorney to help you with your application.

Gabriela M. Lopez, Esq.


I find it difficult to picture a situation where getting deferred action by itself will adversely affect you in getting immigration relief under a new law you may qualify for.


LORIC, Immigration Solutions

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933