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If my friend applies for the deferred action policy, will his deportation be deferred for 2 years?

San Marcos, CA |

He already has someone (his step father who is a resident) petitioning for him. He is 30 years old, has a HS diploma/ been in and out of college, has been living in the US since he was 8/9 years old. He has a deportation since he tried re-entering the US in 2007 and was caught. It is a 5 year deportation, he re-entered the US anyway and has been living here ever since. Because he is in the process of getting his step father to petition for him, his lawyer said it would be at least ten years that he will be deported because he has not served his 5 years and has not asked permission from the attorney general.

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Attorney answers 2


Best to listen to the attorney. He or she will probably be keeping up with the deferred actions procedures.

The deferred action program covers people who have continuously resided in the U.S. for the five years leading up to June 15, 2012, which you friend may not have been if he entered illegally twice since 2007.

Also, it is not clear that a person who has entered illegally as an adult will be eligible. USCIS is still working on guidelines and procedures.

Law Office of Mary K. Neal | || 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.



He entered the US when he was 8 or 9 with his mom. Then he went back to Mexico in 2007 and re-entered and got caught. Thank you so much for answering though. This helps a lot.

Mary Kathleen Neal

Mary Kathleen Neal


You're welcome.


You have an attorney. He/she knows the facts of your case. We do not. You need to ask your questions from your attorney.

You are essentially asking us to second guess your attorney without having all the facts. No competent attorney is going to do that.

You certainly are entitled to a second opinion. However, rendering a second opinion requires an analysis of all the facts, including any filings by your present attorney. That is not something that can be done for free through Avvo. You would need to retain an attorney for the purpose of giving you that second opinion.

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.

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