You are here:

Immigration Issues/Deferred Action Status

Advertisement


Question
I was a party to the fraud, but I won't be convicted because I have been cooperated with the investigators. Instead, they made me a witness to the case and kept me in the US under the deferred action status until the case is over. So I am ok, I am just a witness, and I am not in the deportation process. The reason they put me in the deferred action status was because my F1 status expired. Therefore, next year when I apply for H1B, for the question "What is your current immigration status?", should I answer "Deferred Action Status"? Will the USCIS accept that status? Will they accept that I don't have a gap problem and issue me an H1B in the US?
Please let me know if everything is clear. Thanks.
-------------------------------------------
The text above is a follow-up to ...

-----Question-----
I was supposed to go back to my country (because of the gap problem) to interview for the H1B visa that I already applied for. But the special agent has kept me here since I am a witness (also a party) to a criminal case. He put me in deferred action status and gave me an EAC to continue working. He said whenever the case is over I can go back to my country to interview (but we dont know when). I know deferred action status is not really an immigration status. Can I reapply for H1B and justify that I am not out of status but I am deferred action status, so that USCIS will issue the H1B here? Please tell me all possible options. I have talked to many many attorneys and nobody has experience with this. Can I transfer from deferred action status to any other status? Thank you very much
-----Answer-----
More details.
It appears you are under proceedings, but there is a deferal.  Are you a material witness and are you party to the crime? IS it a felony?  Be more specific what is going on.

Answer
Deferred action does not necessarily give you legal status, it only delays administrative action until the criminal case is concluded.  To obtain the H1, there must be an approved petition on your behalf.  Once you have the approved petition, then you can apply for the H visa, which you will need to obtain outside the US.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.