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DAP Forums > DREAM Act > The Lounge

Deported at age of 14 , will this disqualify deferred action - Page 3

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#21
06-27-2012, 06:59 PM
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Quote:
Originally Posted by Rastafari View Post
No offense dude but this on top of getting caught drinking & driving? I'm not judging you, I'm just saying the outlook looks very grim. I suppose you could try and fight all your charges with a damn good lawyer but if I were you I would get a degree and make plans elsewhere. Canada perhaps?
Canada would not take a person who has a DUI.US citizens are usually turned back by CBSA for it actually!
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#22
06-27-2012, 07:26 PM
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Outlook looks more grim.

Well OP nobody can predict what may or may not happen. Lawyer up and may the force be with you.
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#23
06-28-2012, 11:53 AM
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Bump, received below guidance:

QUOTE
The announcement does not specifically speak about this issue yet, so we will find out the exact requirements soon. However, if you otherwise meet all of the requirements, you may be eligible for it.
UNQUOTE

The waiting game !
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#24
06-28-2012, 10:52 PM
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Dang yea get a pro-bono lawyer, this is what i'm planning. Make sure they are official too. There's no appealing a denial so you only get one go, i say go in guns blazing (not literally because they will not take that lightly).
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#25
08-03-2012, 02:24 PM
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Reading the guideline it doesn't look too good, ask your lawyer about this now and see if it's still ok to apply.
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#26
08-03-2012, 04:12 PM
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http://www.uscis.gov/

Quote:
Originally Posted by xangal View Post
Reading the guideline it doesn't look too good, ask your lawyer about this now and see if it's still ok to apply.
Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order?
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at [email protected].

++

Unless missed I don't see anywhere where you are denied deferred action solely on the basis of being removed.

Of course, legal counsel will be sought !
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#27
08-03-2012, 05:26 PM
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Ali
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from quick skimming thru the guidelines it seems like you won't qualify but they also have a clause for special circumstances so you may be ok.
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#28
08-03-2012, 05:27 PM
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Quote:
Originally Posted by Ianus View Post
Canada would not take a person who has a DUI.US citizens are usually turned back by CBSA for it actually!

dunno how canada would know? They never asked me for background checks of any kind.
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#29
08-03-2012, 05:30 PM
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Dark Apotheosis
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From the current guidelines:
Quote:
Travel Dates
Before August 15, 2012

Type of Travel
Because of an order of exclusion, deportation, or removal

Does it Affect Continuous Residence
Yes
From what I gather, having been deported breaks the continuous residence requirement.

From another FAQ in the same document:
Quote:
Do brief departures from the United States interrupt the continuous residence requirement?
[...]
If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:

2.The absence was not because of an order of exclusion, deportation, or removal;

3.The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
So, so far, I'm sorry to say it seems you don't qualify based on the above.

However, since deferred action is discretionary, it's supposed to take your whole case into account. But, at the same time, these guidelines are telling you "if you don't meet X, Y, and Z requirements, don't apply."

Again, what I've been saying the past few days, we'll have to wait for some cases to be approved and denied, then lawyers will be aware of what may happen with cases which are borderline to be able to help you. Until then, I would wait to apply if this were my case.
Last edited by Dark Apotheosis; 08-03-2012 at 05:38 PM..
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#30
08-03-2012, 05:44 PM
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To add to the above: It's always best to consult a lawyer, of course.

For instance, on the subject of deportations, I was reading that being captured crossing the border, and being thrown back into Mexico (mostly applies to Mexican citizens) doesn't usually count as a deportation when it comes time to adjust. However, if you were caught inside the US, chances are you were given a court order, and you had to go through the whole procedure, in which case that counts as formal order of removal/deportation.
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