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My father has a greencard/citizen and has it since I was I,

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My father has a greencard/citizen...
My father has a greencard/citizen and has it since I was I young, what law applies to me as he came to USA when I was 6 months old.
Submitted: 1 year ago.Category: Immigration Law
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Answered in 30 minutes by:
7/30/2017
Immigration Lawyer: Nisha Jones,
 replied 1 year ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

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Immigration Lawyer: Nisha Jones,
 replied 1 year ago

It sounds like you may qualify for DACA -- Deferred Action for Childhood Arrivals.

This area of immigration law allows for legal immigrant status for persons who entered into the US as children.

Here's a list of the eligibility criteria:

  • are under 31 years of age as of June 15, 2012;
  • came to the U.S. while under the age of 16;
  • have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five year period, brief and innocent absences from the United States for humanitarian reasons will not be included);
  • entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
  • were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
  • do not pose a threat to national security or public safety.

Applicants will have to provide documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.

If you do qualify under the above list of requirements, then these are the forms you need to fill out and submit to USCIS to apply under the DACA provisions:

  • Form I-821D Consideration of Deferred Action for Childhood Arrivals;
  • Form I-765 Application for Employment Authorization Document;
  • Form I-765 WS –EAD economic need supplement form
  • Additionally applicants will need to submit documentary evidence that they meet all of the criteria to qualify for deferred action (age; entry date; continuous presence; educational or military documentation; etc.)

I hope that helps!

Please take a moment to leave a positive rating for this question as well as the others, as each question is rated individually. Thanks!

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Immigration Lawyer: Nisha Jones,
 replied 1 year ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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