QUESTION
How would I know if I am eligible for Deferred Action?
Asked on Aug 25th, 2012 on Immigration - Wisconsin
More details to this question:
I came to the states in 1996 with a non-immigrant visa then changed to an investor visa, which expired 1998. Since then, I completed elementary school, middle school, high school, and college. However, I went back to Korea on June 11th, 2012 to visit my family. On June 15th, the deferred action was announced. I returned to the US with a visa waiver program on July 4th. Am I still eligible under the act? I still have an on-going bank account, along with some other bills under my name while I was in my "brief, casual, and innocent absence." Please help.
7 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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How old are you? When does your authorized stay expire?
Answered on Jul 11th, 2013 at 12:29 AM
1 Award
Unfortunately, you were not in the United States on June 15, 2012, which is one of the requirements for a deferred action for childhood arrivals.
Answered on Aug 31st, 2012 at 3:09 PM
Rebecca T White
It does not sound as though you will be eligible. It sounds as though you don't have physical presence for when you need to. It is not clear whether it was you or your parents on the investor visa (I am assuming your parents, as you were completing school). But it is unusual that you would be able to use the visa waiver program if you had years of unlawful presence in the US.
Answered on Aug 30th, 2012 at 8:06 AM
Bruce A. Coane
Your legal reentry as visa waiver has created a huge problem. On the other hand, no one knows for sure, and it may actually get approved. If you were my client, I would have no problem filing such a case.
Answered on Aug 29th, 2012 at 11:23 PM
No, you are not eligible.
Answered on Aug 29th, 2012 at 10:11 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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The law is not clear. If you are here on a visa, you have nothing to lose except to fee if you apply.
Answered on Aug 29th, 2012 at 2:28 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you were not physically present in the US on June 15th 2012 you are not eligible.
Answered on Aug 28th, 2012 at 9:50 PM