A Queer Desi

Anonymous asked:

I entered the US legally when I was 5 and lived here for a year before returning to my country. I visited again briefly when I was 14, but returned to my country. I settled illegally in the US when I was 17 and I've been here ever since-- I'm 27 now and I've graduated from college and grad school. Do you think I would be eligible for deferred action?

That’s a toss up. While continuous presence does refer to the past five years, you did start residing here continuously only after your 17th birthday. If deferred action was to apply to you, it would also apply to ANYONE who visited the U.S. as a child and then came here when they were in their 20s and overstayed.

I don’t think such a person is eligible and I have not asked people at USCIS for guidance because I don’t want them to spell it out that people like you would be ineligible.

That said, I just sent an engagement letter to someone in a similar circumstance (as in, just took their case), but warned them that they are likely to be found ineligible. Since deferred action is NOT law, I believe it ultimately comes down to a showing of equities and this guy had great equities — high school valedictorian, entered at 14 and then at 16, 4-year degree, etc.