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#26
04-15-2011, 07:13 PM
Moderator
From Atlanta, GA
Joined in Aug 2008
2,822 posts
freshh.
Quote:
Originally Posted by Ianus View Post
You're right concerning Ms. Gonzales,but the end result is she still had to gain a Green card ! I believe it was Senator Durbin's intervention that allowed her to gain Deferred action and in her 4th year of having Deferred action DHS says it would have been her last when she finishes college,therefore she didn't really have much choice but to do something ! She also was already in the system subject for deportation thus I think she would be a prime candidate for what the Senators propose,however if you have not brung any attention to yourself,why stir the hornet's nest unless as I mentioned a person plans on leaving or are under removal orders.The most interesting thing however,is that she had enough momentum to not only had Deferred action for so long but to also gain permanent residence considering she was still technically in removal proceedings.I'm guessing someone high-up in either ICE or USCIS helped her out by ordering it approved.

TPS is not really a good comparison and is based on completely different circumstances.The Congress gave the President the power to designate certain nationals or countries to be eligible for the benefit and last I checked Dreamers are from all over the world.TPS also has to be renewed by the President after a certain amount of time depending on the conditions of the country at the time of renewal.

1.They usually give you 1 year of deferring your removal with 'deferred action'.

2.From the time of approval on the 'deferred action' notice you are allowed to stay for 1 year quasi legally.Think PRUCOL or google it.

3.You can apply for an EAD based on economic hardship.

4.Very good question.Technically,that would depend on the country in question on if their embassy would accept it as a legal 'status'.'Deferred action' is not really considered a status by DHS therefore I can't really say.However,I willing to probably bet yes if you have an approved EAD.I believe Canada requires you to showcase the last year of legal residence in the US before gaining the benefit on US soil from the embassy in question.

5.A person under Deferred action also doesn't accrue unlawful presence in the US when it is active.

The problem with this thing is that this is all based on a hypothetical Executive Order that the President would make law.......therefore it is also a hypothetical but extreme possibility that a President Sensenbrenner or Tancredo can overturn such things leaving you with out the relief but your details in the system subject to current enforcement procedures.
I know that was a lot, so thank you for answering.
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