Yes, I'm still hoping!

31+ers don't despair, keep moving forward!

M-A: As we move toward the beginning of an application period for deferred action, there are some young people who might otherwise meet the criteria but are too old, since 30 is the cutoff. Some were college students when the original Dream Act was introduced; some have aged out of this option as well. What other options might they have at this point?
Nieto: This deferred action is an affirmative procedure. When it comes to immigration laws there are both affirmative and defensive procedures. These people have aged out and it appears they cannot apply affirmatively. However, we are still waiting for the rules from immigration. I am hopeful that maybe they will say “these people have aged out, but there will be a subclass.” I am still telling people not to write themselves off. Let’s wait until we see the rules.
Defensive applications are filed before an immigration judge after individuals are placed in removal proceedings. Someone in these types of proceedings may ask the government to exercise their prosecutorial discretion and administratively close the case. If a case is administratively closed, the individual is not required to leave the country but is not granted lawful permanent residency.
M-A: Might prosecutorial discretion be an option? It seems there have been few cases granted, though – how well is it working?
Nieto: Prosecutorial discretion is an option for individuals whose removal is a “low priority” for the government. Unfortunately, it appears that the definition of “low priority” differs depending on the location of the government office reviewing the request. Locally, my office has a good rate of approvals but I know attorneys in other parts of the country are not so fortunate. We don’t like the numbers nationwide.
I would say that maybe, out of every 10 of my cases, we have been able to get prosecutorial discretion in about seven or eight in the last few months. These are people who came to us, clients who were either in removal proceedings or had already been ordered removed.
There was a woman who had just had a baby. She had an order of removal she was not aware of because of fraud committed by a notary. ICE picked her up in June, and then Obama announced prosecutorial discretion. She was out within two days.
M-A: But basically, right now it looks like these young people who don’t qualify for deferred action might have to wait to get into proceedings in order to try for prosecutorial discretion, correct?
Nieto: Correct, prosecutorial discretion is a defensive move that can only be executed in removal proceedings. At best an individual will get a work permit, which will allow him or her to apply for a social security number and state issued identification, but this is not something that currently will lead to permanent residence or citizenship.
M-A: So in a nutshell, if someone is over 30 but thinks they otherwise might qualify for deferred action, is there anything they should be doing or preparing for now? Or should they just wait and see what happens next?
Nieto: They can gather all the documentation that they would otherwise need to apply as we await government guidance on the application process.

SOURCE

This is just the word of one immigration analyst, not someone connected to the DHS at even the lowest levels.

Be very cautious if you're getting hopes up based on this.

Maybe DA User will now stop asking in every single thread "What about 31+?"

If I were him, I wouldn't stop asking either. If the cut off was at 25, I would have been out of luck as well.

It's not easy dealing with this type of stuff. People can't expect him to stop hoping and praying for his chance too.

It is obviously not just for DA User as the OP was witten by a different person. This also affeted me and I have been in this country 20+ years, whereas someone who has only been here 5-7 yrs will get this benefit.

By excluding original dreamers what this admistration is in effect saying to me is "You came here too soon". And, apparently, expect undocumented adults with living and medical expenses to spend their lives as perpetual students.

If you are over 30 and have no criminal record (and willing to take a chance) and if you are under 245i and are the only one in your family not documented like having a a US citizen mother or father but was unable to adjust because of some technicallity or because you turned 21 I say give it a shot. It would help having a college degree but college is very expensive so it is understandable if they don't have one. Or maybe an Associate's Degree. Please don't give me any slack, this is just a suggestion. I am 30 (so I was barely able to qualify) and have an I-130 with USCIS and fall uder 245i but I turned 21 and now am waiting for my visa number to come up but being that I am from Mexico you can guess how many decades it takes for a visa number to come up. I would have applied anyways if I had been 31 and hopefully they would have understood that I would of had have to wait all this years because of the US's incompetence to reform thier jacked up system. This is only friendly advice nothing eslse.

I truly feel for those that did not qualify. There will be some that will take this for granted; that lets say are 20 and came here when they were 15. They will not know the pain of going through your 20's and not be able to be a part of society. Someone that came here at age 9 or 10 and is now 31 or 33 let's say is (in my opinion) more deserving of those people that will take this for granted. This is just my opinion, and am just expressing my views not anyone else's in this forum so please don not give me a lip to those that disagree.

It's not fair.

I know plenty of people who came over to the US when they were 13 or 14 by choice and stayed with relatives, while their parents decided to stay in Mexico.

IMO this memo would have been better if they made it mandatory that you had to have attended elementary school in the US and you couldn't age out, because those are the people who truly are Americanized, not someone who happened to luck out because they got here under the age of 16.

I pray that the the older DREAMers get relief as well.

Thanks for cautioning me, but I know where the info is coming from xD. I was already basing my hope on that stuff since the day deferred action was announced. I don't need a lawyer to tell me what can happen, many of us on DAP know a lot about immigration law. x)