For a deferred action, what if I met all criteria but was not present in the US on that date?

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For a deferred action, what if I met all criteria but was not present in the US on that date?

What if I happened to come back to my home country to attend my grandfather’s funeral but I still have a job in the US with my EAD card that is still valid. Also, I am still paying utility bills, etc. Would I be able to apply providing those evidences even if I was not present on that date? Should I end my trip and go back as soon as possible?

Asked on June 16, 2012 under Immigration Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Deferred action is the ability for certain young immigrants to stay in the U.S. if certain criteria are met. They have to be a low enforcemet priority and be able to prove they meet all the requirements to be eligible. Your bills and such should prove helpful. Merely visting your grandfather for a funeral may not necessarily disqualify you but you should speak with an immigration attorney regarding your specific situation and have that person guide you in terms of next steps.


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