QUESTION
Do I qualify for Deferred action if I came to the U.S. when I was 10 then left to another country for 2 yrs and came back to the US when I was 16?
Asked on Sep 05th, 2012 on Immigration - New York
More details to this question:
I came with a Visa when I was 10 then left to another country looking for asylum which was denied, so I came back to the U.S. when I was 16 years old, I applied for asylum which was denied as well; that was back in 2003 that I came back, and the asylum was denied in 2006. Now I want to know if I qualify for deferred action?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. I have seen this issue and do not have a solid answer from USCIS on this yet. The issue is whether you "entered" before 16. Your initial entry was at 10, but is this voided for leaving for 2 years. Thus, you entry is "after" 16 and you would not qualify. Some clients are filing and trying because of the lack of immigration options.
Answered on Sep 06th, 2012 at 3:07 PM