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#5
06-21-2020, 11:57 PM
Senior Member
From Virginia
Joined in Aug 2012
2,300 posts
Malign0n
Quote:
For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action is in effect. An individual who has received deferred action is authorized by DHS to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.
Source USCIS

Also, here's the regulation. Page 6, Section 3 Aliens Present in Unlawful Status who do not accrue Unlawful Presence by virtue of USCIS Policy....
https://www.uscis.gov/sites/default/...design_AFM.PDF

Subsection J: Aliens granted Deferred Action
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