QUESTION
Can I apply for deferred action if I am already in status to get my green card?
Asked on Oct 01st, 2012 on Immigration - Rhode Island
More details to this question:
My parents and I entered the US in 1998 with an I-94. We applied through my mom's brother, a U.S. Citizen, (during 245-I) for permanent residency and got approved. Our case has not advanced since 2009 when we got an approval letter. Will applying for deferred action CANCEL my current petition of adjustment of status? Also, if I didn't graduate from high school, do I have to provide with the GED, or is attending to school to get it enough to qualify?
3 ANSWERS
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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You should apply for deferred action because you are not a first priority as your brothers beneficiary. You may also have some overstay issues involving the LIFE act, which I can not determine without evaluating your case as a whole.
Answered on Oct 03rd, 2012 at 4:09 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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The approved I-130 does not give you any lawful status, so you could still apply for deferred action. You need a GED or evidence you are enrolled in a qualifying school that will get you the GED.
Answered on Oct 03rd, 2012 at 4:09 PM
Rebecca T White
No, applying for deferred action will not have a negative impact on the pending immigrant visa petition. The question regarding high school will depend upon your current age and school attendance - current attendance may be sufficient.
Answered on Oct 03rd, 2012 at 4:09 PM