You cannot apply for deferred action status if you hold a temporary non-immigrant visa and this process is meant for undocumented immigrants and if your temporary visa is still valid, you are not an undocumented immigrant. But, if you had entered into the United States on a non-immigrant visa and if your visa is currently invalid, you may apply for deferred action status. However, there are few prerequisites that you must meet, in order to file Form I-821D for deferred action and if you had got into the country before you turned 16, you can file an application for deferred action. In this case, you must have entered into the United States, illegally or with a non-immigrant visa that is currently invalid. If the non-immigrant visa with which you entered into America is currently valid, you cannot file Form I-821D for deferred action and if your non-immigrant visa expired on or before 15th June, 2012, you can request deferred action status.
You can apply for deferred action status, if you are above age 31 or below age 15 but you will have to be a student or a graduate at time of filing Form I-821D. You can file an application for deferred action, if you have been residing in America continuously for the past five years, from 15th June, 2007, till date. You will have to remember that you cannot file an application for deferred action, if you were outside the country on June 15, 2012. Furthermore, you must not leave the country after you file Form I-821D and you need to reside within the United States until you are granted deferred action status. Good moral character, in another most important requirement. If you fail to prove that you have never committed crimes, you may not be granted deferred action status and to prove that you have never been convicted of crimes, you will have to pass a background check.