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I was granted voluntary departure in 2005 but never leave the country can i apply for deferred action.

Los Angeles, CA |

my cancellation of removal was denied but i was granted voluntary departure in 2005. i appeal the immigration judge decision with the board of immigration appeals. oi 2007 the BOARD OF IMMIGRATION APPEALS denied and dismissed my case. than i appeal with 9 circuit they dismissed my case they gave 60 days to leave the country. i never leave, can i apply for deferred action.

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Attorney answers 3


Yes. Definitely you can. But don't attempt to do that alone or with the Legal Aid Society or CHIRLA. A private immigration lawyer is what you need.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


I agree with my colleague. You should be able to but Deferred Action is a guarantee. Consult with a private immigration attorney to review your case, especially if you have family members that live here who may not qualify.


As long as you can prove you were here from 2007 to present alongside the other criteria, you should be able to. Consult a qualified lawyer as there is a lot at stake for you here.

Best of luck,

-Sanjay A. Paul, Esq.
(888) 373-2602

This is not legal advice. No attorney client relationship exists between us.

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