While we will undoubtedly have updates in the upcoming weeks on how the deferred deportation application process is going, both in Miami and throughout the nation, this week we wanted to follow up on a story we first wrote about last month.
Regular readers of this blog may remember the story of the young woman who, though born in England, grew up in Missouri. She came to the United States as a child with her parents, on their E-2 visas, which they had secured as a result of planning to launch business in this country.
At the time of our last post, although she wanted to stay in the U.S., she was planning on moving back to Britain because, upon turning 21, she would no longer be in the country legally and would be subject to deportation. This change in status is a reality for many young people who are brought into the country by their parents under this type of visa.
Interestingly, these individuals are not eligible to apply for a deferment under the new deferred deportation procedure because they do not meet the requirement of having been brought to the U.S. without the proper paperwork.
Anticipating the time when she would no longer be able to remain in the country under her parents' E-2 visas, when she was 11 years old, her grandparents, who had become naturalized citizens, applied for green cards for her and her younger sister. Those have not yet come through and, in a last ditch effort, the young woman (now a college graduate) and one of her friends travelled to Washington, D.C., to seek the assistance of the federal government.
In addition to the work the woman's attorney did on the matter, a senator from her state stepped in and reached out the Homeland Security Secretary Janet Napolitano for assistance in keeping her constituent in the country via prosecutorial discretion. The effort was worthwhile as the 21-year-old woman received a two year deferment. The deferment allows her to work while she waits for her family-based visa to come through. Should she not receive it before the two years is up, she may be able to renew the deferral.
The young woman in this case was lucky, as it is not easy to receive a deferment under prosecutorial discretion. In any immigration matter, it is best to seek the assistance of an immigration attorney.
Source: CNN Money, "Immigration officials spare entrepreneurs' daughter," Jose Pagliery, Aug. 13, 2012