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DAP Forums > DREAM Act > The Lounge

Do you think this deferred action for the youth will act somewhat as a 245i for some?

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#1
06-18-2012, 11:23 PM
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khipsa
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I have been thinking about this for quite some time:
do you think this new change in policy to defer action for the youth will also provide a section 245(i)-like relieve as well?
I'm a dreamer and my parents became us perm res after i turned 22. I think that under my circumstances, i could file i-130 and run the chance to enter a removal proceeding under the grounds of failing to maintain lawful status or simply become ineligible when the visa becomes available unless there is a ongoing section 245(i)...
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#2
06-19-2012, 12:06 AM
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Quote:
Originally Posted by khipsa View Post
I have been thinking about this for quite some time:
do you think this new change in policy to defer action for the youth will also provide a section 245(i)-like relieve as well?
I'm a dreamer and my parents became us perm res after i turned 22. I think that under my circumstances, i could file i-130 and run the chance to enter a removal proceeding under the grounds of failing to maintain lawful status or simply become ineligible when the visa becomes available unless there is a ongoing section 245(i)...
You have read the memo right? I don't see anyting to do with 245i. It would be nice though. They could file a I-130 for you and the only you don't need to leave country is if you fall into the 245i. Your parents filing a I-130 does not put the beneficiary into removal proceedings.

If you find more info on this, please let us know.
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#3
06-19-2012, 09:14 AM
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^ From the current information I read/heard deferred action does not forgive the time you spent 'undocumented' before you were granted it. So it is not like 245i
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#4
06-19-2012, 09:51 AM
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Biblio
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Deferred action doesn't forgive time spent already, but it does prevent it from accruing. So those who haven't been here long after their 18th birthday to receive a ban are in luck.

For example, If someone EWI and is about to turn 18 and successfully receives deferred action, they can adjust status within the country at a later time since they don't have one of the bans, as long as the policy and deferred action is still in place.
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#5
06-19-2012, 03:37 PM
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What about the whole "traveling" thing? It is still in the talks. If they do decide to allow us to travel, than that would mean that the 3/10 year bans will be forgiven.

I, for one, am marry to USC. I havent gone through the process because I am an EWI case and will not travel overseas at any cost if there is even a chance of me being banned for 10 years.
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#6
06-19-2012, 03:49 PM
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Quote:
Originally Posted by Biblio View Post
Deferred action doesn't forgive time spent already, but it does prevent it from accruing. So those who haven't been here long after their 18th birthday to receive a ban are in luck.

For example, If someone EWI and is about to turn 18 and successfully receives deferred action, they can adjust status within the country at a later time since they don't have one of the bans, as long as the policy and deferred action is still in place.
Nobody can adjust status within the country unless their 245i, the bans and how much acrued time illegally does not matter. The only thing that matters if you are 245i eligible or not.
Basically you can't adjust status within the country just because you haven't spent illegal time here.
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#7
06-19-2012, 04:23 PM
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Unlawful presence is the real problem when you reach a certain age.245i would have to be renewed by Congress and I simply don't think that will ever happen....but stranger things have happened as we all know.

I think 245i would encourage more visa overstays & EWIs which I don't think anyone should have to go through based on experience.
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