I want to know if there is any possibilities that I wont get approved in other words, is it in a judge's hands?
It is in USCIS' jurisdiction and not in a judge's.
Yes, you still could be denied even if you meet all the requirements of you do not provide proof of your physical presence in the US during each of the required years, if the allocations are badly
prepared, if you have missing documentation, and/or you have a criminal record, with 3 misdemeanors or a prior felony conviction.
If you are confused, best to have an immigration lawyer prepare your DACA application.
First, it is not a judge you will review the deferred action application but a USCIS official. And to answer your question, there is a possibility that your application could get denied even if you meet the requirements, although highly unlikely from my experience. Deferred action is a discretionary measure and the person who reviews your application will take in to account your entire application together before making a final decision, good luck.
LORIC, Immigration Solutions
Rodrigo Ivan Canido
3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
I agree with my colleagues. USCIS is responsible for adjudication. The Judge will not be involved. Moreoever, except in issues of public safety USCIS will not refer cases to the Judge. Thus, if you meet the requirements you should be approved without issue. Ensure you document the physical presence well, however., as you must show the required physical presence in the US.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary