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How USCIS makes decisions on visas?

Madison, WI |

Hello, if I qualify for deferred action can USCIS still deny me? I know that DACA is discretionary but for what reasons can I be denied? Thank you for replying and have a nice day!

I think they might deny my visa because of my F2 status. USCIS asked me to prove to them that I no longer had F2 so my lawyer sent them a copy of my father's green card ( my father had F1 years ago and I was his dependant).

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Attorney answers 3

Posted

Hi hope that you are well. Your question is really general. Is there is a reason why you are worried that USCIS will deny your application. Perhaps beginning there would lead to a more focused question. Best of luck!

Asker

Posted

I am doing well thank you, and I hope you also are doing well also. I added additional information to make my question more precise.

Norma Lorenzo

Norma Lorenzo

Posted

Ok;) is it set as a new question? Or do you want to tell me the additional info.?

Asker

Posted

Here is the additional information. I think they might deny my visa because of my F2 status. USCIS asked me to prove to them that I no longer had F2 so my lawyer sent them a copy of my father's green card ( my father had F1 years ago and I was his dependant). Thank you for taking the time to reply.

Norma Lorenzo

Norma Lorenzo

Posted

When your father became a greencard holder were you a minor? Why didn't he file for you as a derivative? In any case the fact that you had F2 status and then lost it does not make you eligible for DACA. Hope this helps.

Asker

Posted

When my father recieved his greencard I was not a minor. He got a greencard after my sibling(who is a U.S. citezen) filed for him when he turned 21. My father did not file for me because we didn't have enough money. I thank you very much for responding to my questions.

Posted

If there is no good reason for denial you would probably be approved. Reasons for denial may include arrests, gang membership, drug use, or other activities that make you undesirable in the U.S.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

You contradict yourself in your question . If you understand that the decision is discretionary then you understand that they can deny you for no reason at all. They do not need a reason.

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