QUESTION
Do people over 30 no longer eligible for deferred action?
Asked on Aug 23rd, 2012 on Immigration - Texas
More details to this question:
Deferred action used to be available on a discretionary basis to anyone who was in deportation proceedings but could prove being a "low priority" alien with good moral character. Now, the new deferred action guidelines stipulate that the alien must be between 15 - 30 years old, among other requirements. Did the option to obtain deferred adjudication disappear for everyone else even if you meet all other criteria?
8 ANSWERS
YES. It is only available to people who fit all the criteria.
Answered on Aug 29th, 2012 at 10:17 PM
Bruce A. Coane
No. The old version of deferred action still exists. No age limitations.
Answered on Aug 28th, 2012 at 9:15 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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No. Deferred Action for Childhood Arrivals is something of its own.
Answered on Aug 27th, 2012 at 9:17 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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What you are referring to is Prosecutorial Discretion and this is still available if submitted correctly.
Answered on Aug 27th, 2012 at 3:14 PM
Assault Attorney serving Encino, CA
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Jay Tanenbaum Attorney at Law
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People over 30 are eligible for differed action on different discretionary basis. The new regulation is for persons under 31 who meet certain specific criteria.
Answered on Aug 25th, 2012 at 1:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Deferred action or DACA is a special process for a select group of individuals who meet the specific requirements set out by the new policy. Prosecutorial Discretion is still available to individuals in removal proceedings who qualify under it requirements. Although similar, the requirements for eligibility are different.
Answered on Aug 25th, 2012 at 12:29 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Nothing in the materials published by the government indicates that the deferred action relief is no longer available to anyone outside the DOCA group. DOCA regulations establish a specific process for a specific group of applicants; but the familiar process for other applicants appears to be still available.
Answered on Aug 24th, 2012 at 2:37 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Deferred action is still available for everyone on a discretionary basis, but if you want to qualify for deferred action under DACA (Deferred Action for Childhood Arrivals) you can be no older than 30 years old.
Answered on Aug 24th, 2012 at 2:37 PM