No. You are not eligible under this new policy because you entered the US at the age of 16. The Department of Homeland Security has posted guidelines on the web. There is a link on my website in the news secrion. You may have other options so schedule a consultation with an experienced immigration attorney.
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.
Hello. To be clear: the new Obama policy is not law. No bill was passed. Only Congress can pass immigration-related legislation. President Obama's deferred action policy is a form of prosecutorial discretion that allows an individual to remain temporarily in the United States and apply for work authorization. It does not confer any kind of permanent residence, nor is it an amnesty. Under this program, deferred action would be granted for two year increments and would be renewable.
Based on your posting, it appears that you may not be eligible for the Obama policy. To qualify for deferred action, you must show - among 5 things - that you entered the United States UNDER the age of sixteen. Because you entered the United States when you were 16, you may not qualify. That said, you should double check your age at the time of entry and consult with a local immigration attorney to further explore your eligibility for the Obama policy.
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1. Obama's action is a policy and not a law. It is not an Act.
2. USCIS has yet to announce how the application process will be carried on.
3. I will be updating http://engnishimura.com/faqs/deferred-action-young-immigrants as details become available.
4. Obama's policy does not provide immigration status. It only prevents qualifying individuals from being deported and may provide them with a work permit.
If you just came to the US three years ago, then unfortunately you do not qualify.
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.