QUESTION

I was granted a stay of removal, order of supervision, and obtained an EAD through these. Can I still apply for DACA?

Asked on Dec 31st, 2012 on Immigration - Nevada
More details to this question:
I arrived to the US in 2001 when I was 10 and overstayed. Parents applied for asylum and were denied. We were given a removal order in 2005. My parents are now PRs through a sibling with citizen status. I have no criminal record, and have attained a BS and MS engineering degree. Earlier this year, I was granted a stay of removal after presenting my case through my lawyer. I applied for a work permit, and I was placed in an order of supervision in order to have it issued. Due to several address errors, I only received the EAD in August; it is valid until August 2013. I am hoping to apply for DACA so that I don't have to show up to an ICE office every year along with other felons as per the order of supervision. Before filling and sending out the forms (including I-765), what special considerations and steps should I take?
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2 ANSWERS

Robert E. West
You can do it but that may not relieve you from reporting to ICE.
Answered on Jan 09th, 2013 at 6:37 AM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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Even if you receive DACA, you might not get an EAD or drivers license, depending on the state of your residence. The order of supervision still stands. You should wait for immigration reform.
Answered on Jan 09th, 2013 at 6:37 AM

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