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Deffered action question

New York, NY |

I grew up in the US, 1998- 2011 Entered the US through a tourist visa. I left before the 18 years and 180 days of age so I wouldnt have problems with US law enforcement. So does this mean I'm no longer applicable since I voluntarily departed? My father is on the waiting process to get his residency through my uncle. I believe he submitted it in 1999. Am I just going to have to wait too or did I outaged that too?

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Attorney answers 4

Best Answer

If you're asking about your eligibility for deferred action, unfortunately the answer is no. It sounds like you might have met all the requirements, except that you had to be here in the U.S. on June 15, 2012. Without that, there is no way to qualify. As far as the family petition for your father, you will not age out of that until you turn 21.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


Your question is a little confusing, no longer applicable for what?

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with my colleague. Your question is very confusing. Are you saying you overstayed 18 years or you stayed in the country until you we're 18 years old? Are you asking if you would acquire status through your father? Do consult an experienced immigration lawyer for guidance.
J Thomas Smith


I see three issues.
1. You are not eligible for deferred action. You failed to remain in the US, and were not in the US on June 15, 2012.
2. You should have no problems with unlawful presence. All time under age 18 does not count toward unlawful presence. The unlawful presence bar applies only if you have 180 days or more of unlawful presence.
3. Eligibility for derivative status depends on factors either not yet in existence or not provided by you.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.