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Can you get denied if you apply for the deferred action even if you meet the requirements?

Leander, TX |
Filed under: Deferred action

I want to know if there is any possibilities that I wont get approved in other words, is it in a judge's hands?

Attorney Answers 4


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.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Does having 3 or more misdemeanors like no seat bealt tickets hurt

Giacomo Jacques Behar

Giacomo Jacques Behar


It could if not taken care of and perceived as "habitual".



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
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933

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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.

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I agree with my colleagues here. You need to consult an experienced immigration attorney.

Chad M. Brandt
Brandt Immigration

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