HELP!!!! Valid Visa B1/B2

Hi everyone im new here.

Well my question is if i am elegible to apply for deferred action here is some info about me

i was brought here to the us in 2002 when i was 13 years old i started school right away in the 8th grade, i graduated from high school in 2007. The reason i dont know if i am elegible for the deferred action is because the initial visa that i crossed with in 2002 expired in 2004 it was a B1/B2 visa. in 2005 my parents had me go back to Mexico to process another visa i got another one and it is still valid until 2015. i have been out of the us but not for more than a month. since i got another visa from the us embassy in 2005 when i was exactly 16 years and 7 months would this affect me from being able to qualify for the deferred action. i believe i meet all the criteria but im not sure if i can apply since my visa is still valid.

thanks.

No you are not eligible it has to be expired

well this is a visa to cross the border i believe all mexicans that want to visit as tourists get it but you need to request another visa or it might be called a permit im not sure the form is i-94 and that has been expired since 2005.

now based on your answer if this form i-94 does not matter and the crossing visa still needs to be expired would i be eligible in 2015 in case that the deferred action is still available even though i got it when i was 16 years and 7 months old??

As far as we know, renewals will have the same dates of eligibility as it is typical with similar cases. Basically, I doubt you'll be eligible when your visa expires in 2015

One of the requirements is that you have to prove you're out of status on 6/15/12. If your visa expires in 2015 you won't be eligible for deferred action because as of 6/15 your visa was still valid.

Check out #5 on the guidelines here: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Visas are void if you overstay some time, might be worth going to a lawyer and weighing your options(+ figuring them out properly). Remember B1/B2 are just tourists and you violated the terms of which you were allowed to enter the country.

+1 Try to meet with a lawyer and see what they say.

What most people here do not understand is the difference between a visa and the I-94. The visa can be a 10 year visa, which is what they used to give to out now is only a 6 month visa for tourists. Anywho, the I-94 is what states your legal presence in the United States. The visa you need in order to enter the country, the I-94 tells you how long you are allowed to stay here!!! So since it is a tourist visa, I assume that your I-94 was only valid for six months and if you did not ask for an extension you are now illegally in the country. So in order words your visa can be valid but if your I-94 has expired you are no longer a legal non-immigrant.

I think you would be fine, your i-94 is only for up to six months, after that you presence is unlawful.