If I meet the eligibility requirements and have not been convicted of a felony, significant misdemeanor, or three misdemeanors will am I guaranteed to qualify?
Immigration qualification
If I meet the eligibility requirements and have not been convicted of a felony, significant misdemeanor, or three misdemeanors will am I guaranteed to qualify? No. The decision of whether to defer action in your case is completely discretionary after considering the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is only a factor to be considered. DHS reserves the right to refuse you Deferred Action based on a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.