QUESTION

What are his chances of staying if he is currently in a deportation process but is eligible for deferred action?

Asked on May 03rd, 2014 on Immigration - New York
More details to this question:
My boyfriend has an open case of deportation process since 2008 he was in a roadblock driving with no license. His individual court will be June 2, 2014. We have two daughters. He has been in the US since 1992. I think he is eligible for deferred action. He is not a graduate but is already enrolled for a GED.
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3 ANSWERS

Adebola O. Asekun
If your boyfriend is already in removal proceedings, he should immediately retain an attorney, if not already. The attorney can ask the DHS for exercise of prosecutorial discretion PD and it is likely that DHS considers his case not worthy of DACA or any other discretion. If you are a U.S. citizen, you should consider marriage to him that will form the basis of an adjustment of status green card. Even if you already have an attorney, I believe your boyfriend will benefit from a second legal opinion regarding his case.
Answered on May 12th, 2014 at 2:40 PM

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If he is certain that he is eligible, he should file his I-821D request for deferred action for childhood arrivals with USCIS immediately. As soon as he gets the receipt for his case from USCIS, he can file a motion with the immigration judge along with a copy of the receipt, his DACA request form, and supporting documents to ask the judge for administrative closure on the basis that he is eligible for DACA. The motion should be filed beforehand but may also be submitted in court if necessary.
Answered on May 05th, 2014 at 8:37 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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He also might be eligible for cancellation of removal. Do not handle complicated immigration matters by yourself. Meet with an attorney asap.
Answered on May 05th, 2014 at 7:53 PM

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