Jump to content

9 posts in this topic

Recommended Posts

Posted

How old were you when you first entered the US? How long have you been in the country? Did you attend high school in the US? You may be eligible for the EADs for DREAMers policy opening up on August 15. Otherwise, the US doesn't issue "open" work permits, you would need sponsorship from an employer and the fields that can sponsor work visas are limited with very specific qualifications.

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

Filed: K-1 Visa Country: Wales
Timeline
Posted

You have to be undocumented sic to get deferred action.

In your situation the 2 most common routes I have seen are;

Marry a US Citizen

Go to college, get OPT with a company who then sponsor's you for a work visa, usually H1B.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: E-2 Visa Country: South Korea
Timeline
Posted

You have to be undocumented sic to get deferred action.

In your situation the 2 most common routes I have seen are;

Marry a US Citizen

Go to college, get OPT with a company who then sponsor's you for a work visa, usually H1B.

Thanks for the information. I was considering both as well as waiting for the MAVNI (Military Accessions Vital to the National Interest) program to open in order to obtain citizenship.

I'm currently attending college as we speak with good credentials, so hopefully that eases the OPT process.

For the OPT route, do you have to have F1 visa or would it be possible to proceed under child under E-2?

Filed: E-2 Visa Country: South Korea
Timeline
Posted

How old were you when you first entered the US? How long have you been in the country? Did you attend high school in the US? You may be eligible for the EADs for DREAMers policy opening up on August 15. Otherwise, the US doesn't issue "open" work permits, you would need sponsorship from an employer and the fields that can sponsor work visas are limited with very specific qualifications.

I entered the US on December 2003 when I was 10, which means I've been in the country for about 8 years and half.

I attended & graduated high school in US.

Just as Boiler also mentioned about the OPT sponsorship route, is it considerably difficult to obtain sponsorship? (With good credentials for the job)

Posted

No provision in the Deferred Action policy currently requires "undocumented" status, whatever that amounts to. Many who will benefit entered on visas. Being in or out of status on those visas is not one of the grounds for qualification. If the following apply to you, you may be able to get an EAD. Although the program wasn't necessarily intended or targeted for those who are currently in legal status, they are not exempted:

Pursuant to the Secretary’s June 15, 2012, memorandum, in order to be eligible for deferred action,

individuals must:

1.) Have come to the United States under the age of sixteen;

2.) Have continuously resided in the United States for at least five years preceding the date of this

memorandum and are present in the United States on the date of this memorandum;

3.) Currently be in school, have graduated from high school, have obtained a general education

development certificate, or are honorably discharged veterans of the Coast Guard or Armed

Forces of the United States; 2

4.) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple

misdemeanor offenses, or otherwise pose a threat to national security or public safety;

5.) Not be above the age of 30.

Individuals must also complete a background check and, for those individuals who make a request to

USCIS and are not subject to a final order of removal, must be 15 years old or older.

(full document here:http://www.ice.gov/doclib/about/offices/ero/pdf/faq-deferred-action-process.pdf)

However, if you have some other avenues potentially brewing for your future, such as F1 to go to university, and then perhaps OPT and H1B sponsorship, pursue those before something like Deferred Action which will be temporary in nature and could potentially cause harm to your ability to obtain those other types of visas in the future.

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

Filed: K-1 Visa Country: Wales
Timeline
Posted

This guy is in status, there is nothing to defer.

OPT is part of the F1 Visa. I was assuming you would be 21 plus by the time you reached that stage and would be F1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...