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

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. 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 you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

  2. 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 does not constitute an attorney-client relationship.

  3. 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.

  4. I agree with my colleagues.

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