Deferred action process is considered to be a great opportunity for many undocumented immigrants in the United States who had come to the country as minors and through no fault on their part. However, this process may not be a good choice for some of the undocumented immigrants. It is wise to understand completely about the process and then file an application.
There are some undocumented immigrants who must be careful while they file applications for deferred action. People who were already convicted of crimes and people who have previous arrest records must be careful while filling Form I-821D. It is mandatory to disclose previous arrests and criminal convictions. Willfully concealing such background information may lead to deportation. Few criminal convictions like minor traffic offenses may not make the applicant ineligible, however, is it wise to provide all the details as the USCIS will determine the eligibility of the applicant after reviewing the applicant’s total history.
If you are an undocumented immigrant in the United States who is eligible for permanent resident status, through family based immigration, you must be heedful while requesting deferred action. Deferred action does not allow the recipients to become US citizens or permanent residents. Based on your particular case, you may be permitted to receive deferred action, even if you were convicted of crimes and if you were absent from the United States for a short period of time. Remember that your absence from the country and your criminal convictions, may result in denial of permanent resident status on a permanent basis and you may never become eligible for permanent residency through family-based immigration or your eligibility to become a Green Card holder may be postponed for few years.
If you were encountered by the US Customs and Border Protection Officials, and if you are in removal proceedings, you may not file an application for deferred action, with the USCIS. You may seek legal advice, before you could request deferred action. However, you must remember that your previous immigration law violations may or may not affect your application requesting deferred action and the USCIS will deal with the applications on a case-by-case basis and hence the decision of the USCIS on all the cases may not be the same. Though you may not appeal, if your request is denied, an appeal may be possible, if the denial is because of filing an incomplete form.