Can I apply for deferred action for childhood arrivals if I have a final removal order issued in absentia?

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Can I apply for deferred action for childhood arrivals if I have a final removal order issued in absentia?

I came to the U.S. at age 14. Upon crossing the border, we were given a NTA and never went to court. As a result, I have a final removal order. The USCIS website says people with final removal orders will be eligible to apply for deferred action. But does the fact that my removal order was issued in absentia change anything or not? I meet all the requirements. Thanks.

Asked on August 14, 2012 under Immigration Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The removal order concerning you that was issued in abstentia does not change the situation that you are writing about given the apparent illegal status that you have to remain in the United States. Given the fact that you seemingly wish to remain in this country, I suggest that you consult with an immigration attorney to see what can be done to get you legal status in this country.


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