Regarding the new deferred action: are people risking deportation if they apply but do not qualify?

Asked about 2 years ago - South Gate, CA

I do not refer to people who apply fraudulently. I ask for those who just don't happen to meet all the requirements or are otherwise denied for whatever reason. Which leads me to ask: If they DO meet ALL the requirements, is there ANY REASON they could STILL BE DENIED?

Attorney answers (4)

  1. Yobany Ernesto Chacon

    Contributor Level 2


    Lawyer agrees

    Answered . DACA or deferred action for Childhood Arrivals has been established under prosecutorial discretion. That means that there is a possiblity that based on lack of evidence, incomplete applications and./or other reasons that the department can ultimately reject the application. If there is no fraud involved, but are just missing documents, you may be called in to an interview. However, ultimately, they are not required to provide an interview to the applicant. Thus, I would advise that you speak to an attorney and review your case before filing.

  2. Christie Olayinka Beard

    Contributor Level 2


    Lawyer agrees

    Answered . I agree with my colleagues.

  3. Robert A. Stumpf

    Contributor Level 19


    Lawyers agree

    Answered . Not to my understanding, no.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more
  4. F. J. Capriotti III

    Contributor Level 20

    Answered . There is always a risk ... meet with an attorney before filing anything.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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