Deferred Action FAQs

Wednesday, May 14, 2014 - 03:48

Eligibility for I-140, Undocumented Dreamer

Question

I am part of the (Deferred Action), I started going to school in the US since I was 8 years of age and now I am 22, so I have been in this country almost all my life.
I was working with Tax ID and of course my own name, I have built credit, invest, save, and spend wisely. I would always filed my taxes even though sometimes it would be a significant amount but I still wanted to keep my record as a good moral character who follows the law and keeps everything in order.

I felt very blessed and was very thankful to God because he made a miracle that would help me stay in the US and work legally. The miracle was the (Deferred Action), I would of loved that the (Dream Act) was passed because It would provide me with a green card and be eligible for more federal and state benefits.

I am currently enrolled in community college, Montgomery college pursuing my Associate's degree and then transferring to a 4 year university to obtain my Bachelor's degree and last but not least get my Master's degree. I am very goal oriented and I believed if you're a good person, good things will come to you. I apologize if initiated with my personal story rather than my question for eligibility for I-140.
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Questions:<br>

Based on my current status and my story, what are my options and how likely will I be approved for a I-140?<br>

What are the factors that can impact the Homeland Security on their decision?<br>

Answer

Unfortunately, there is nothing in the current law that will help you get your green card on your own. While an I-140 can be approved pursuant to employ-based green card process, ultimately, you will not be eligible for a green card because it looks like you have accrued unlawful presence of over one year after the age of 18. That requires either that you stay outside the USA for 10 years OR get a waiver through an eligible immediate family member (tough to get). Our best hope is for a change in the laws. Good luck!