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Immigration Forum / USA Marriage Base / April 2005



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deferred action ?!

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Amadeus - 29 Apr 2005 19:45 GMT
A friend of mine received a letter from the USCIS stating that her case
has been granted a "deferred action" status. It also states that they
don't anticipate any action until May 2006.

I am not sure what it means... between with my friend's broken English,
tears and sobbing and my not being able to actually see the letter, I
couldn't quite figure out what possible consequences does this "deferred
action" warrant?
shepslady - 29 Apr 2005 19:55 GMT
> A friend of mine received a letter from the USCIS stating that her
> case has been granted a "deferred action" status. It also states that
[quoted text clipped - 4 lines]
> letter, I couldn't quite figure out what possible consequences does
> this "deferred action" warrant?

Sorry to hear things arent going well but until you tell us exactly
what your friend is waiting on its very hard for anyone to give you any
real advise.

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shepslady

Amadeus - 29 Apr 2005 20:12 GMT
> Sorry to hear things arent going well but until you tell us exactly
> what your friend is waiting on its very hard for anyone to give you
> any real advise.

You're right.. She arrived on K-1, married a USC... 3 months later he
beat her and her 6 y.o. up. She ended up in a shelter and filed I-360
which was approved back in May 04.

I am wanting to say to her that this'deferred action" means that no
deporation/removal proceedings will be initiated until May 06 as
the letter states, but I want to be sure I am not giving her any
false hopes.
Rete - 29 Apr 2005 23:17 GMT
> You're right.. She arrived on K-1, married a USC... 3 months later he
> beat her and her 6 y.o. up. She ended up in a shelter and filed I-360
[quoted text clipped - 4 lines]
> the letter states, but I want to be sure I am not giving her any
> false hopes.

As Mr. F says, congratulates to your friend, especially that her I-360
has been approved.  Am I correct in assuming she has already self-
petitioned for adjustment of status for herself and her son?  Does she
have an EAD so that she may work?

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I'm not an attorney.  This disclaimer is valid in NYS!

Amadeus - 30 Apr 2005 01:30 GMT
> As Mr. F says, congratulates to your friend, especially that her I-360
> has been approved.  Am I correct in assuming she has already self-
> petitioned for adjustment of status for herself and her son?  Does she
> have an EAD so that she may work?

Yes, she does have an EAD and, in fact the letter in question
accompanied her renewed EAD.
Thanks for your help. Now I have to figure out how to get a hold of her
to bring this good news. This morning she was convinced that she's going
to be deported and her case won't be touched until May 06 after which
they'll just throw her out of the country...:)

It really helps to learn some language of the country one chooses to
live in....
Folinskyinla - 30 Apr 2005 01:43 GMT
> Yes, she does have an EAD and, in fact the letter in question
> accompanied her renewed EAD.
[quoted text clipped - 5 lines]
> It really helps to learn some language of the country one chooses to
> live in....

Hi:

"Deferred action" is better than "extended voluntary departure.

In immigration speak -- if the Sherrif says "You have until sundown to
get out of Dodge" it means "have a nice day in Dodge boys"

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Amadeus - 30 Apr 2005 03:47 GMT
> Hi:
>
> "Deferred action" is better than "extended voluntary departure.
>
> In immigration speak -- if the Sherrif says "You have until sundown to
> get out of Dodge" it means "have a nice day in Dodge boys"

Mr. F.,

Do be kind to answer this question:
If her case isn't adjudicated by May 06 (which is likely since it
appears that her lawyer filed I-485 in NYC in 2004 and now they are
still working on 2002), will she have to start packing her bags?
Folinskyinla - 30 Apr 2005 04:38 GMT
> Mr. F.,
>
> Do be kind to answer this question:
> If her case isn't adjudicated by May 06 (which is likely since it
> appears that her lawyer filed I-485 in NYC in 2004 and now they are
> still working on 2002), will she have to start packing her bags?

Hi:

Defferred action is that ICE won't do anything.  And, if ICE does
anything, they do NOT have the power to enforce departure just yet --
they need an order from an Immigration Judge in Removal Proceedings to
do that -- and guess what the IJ can do?  Grant adjustment.

The lawyer seems to know what she is doing.  BTW, I refer cases like
this to my friend Merrilee because she knows VAWA backwards and forwards
and I don't.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Folinskyinla - 29 Apr 2005 22:17 GMT
> A friend of mine received a letter from the USCIS stating that her
> case has been granted a "deferred action" status. It also states that
[quoted text clipped - 4 lines]
> letter, I couldn't quite figure out what possible consequences does
> this "deferred action" warrant?

Hi:

Congratulations for your friend.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

 
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