Complex DACA – Crime Issues

Complex DACA – Crime Issues

Want to apply for Deferred Action for Childhood Arrivals (DACA)?
Don’t know if your past criminal history will affect your chances of approval? If having expunged your crime(s) has any effect?
Need a realistic assessment of your chances and what’s involved?  We’re here to help.

 

What Crimes Bar Me From Obtaining DACA Relief?

No one is perfect, but unfortunately a criminal record may disqualify you from DACA benefits. You are ineligible for DACA if your criminal records includes a felony or a “significant misdemeanor.”

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.

A significant misdemeanor is a misdemeanor for which the maximum term of imprisonment authorized is one year or less but greater than five days and is either:

  1. An offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
  2. Any kind of offense is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

Three or more non-significant misdemeanors also disqualify you from DACA benefits. A non-significant misdemeanor is any misdemeanor for which the maximum term of imprisonment authorized is one year or less but greater than five days and that meets both of the following criteria:

  1. Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and
  2. Is one for which the individual was sentenced to time in custody of 90 days or less.

 

What If The Conviction Was Expunged, I Was Underage Or It Was A Juvenile Conviction?

DACA is a discretionary benefit, meaning CIS can use any criminal record you may have to deny your application. CIS will weigh your criminal record against you and might not grant the application or they might grant the application.

Thankfully, Congress recognizes several crimes that will not lead to automatic disqualification for DACA. These crimes include, but are not limited to, state immigration offenses, minor traffic offenses, juvenile delinquency, and expunged convictions. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of DACA.


For more information about complex DACA – crime issues, call us at 213.627.8997 today to book a detailed Case Evaluation appointment with an experienced family and removal immigration attorney.
SGG is moving!

SGG Immigration is pleased to announce we are moving our law offices in July 2020.  Our new mailing address, effective as of July 15 (July 27 for courier deliveries), is:

Stone Grzegorek & Gonzalez LLP

707 Wilshire Boulevard, Suite 3200

Los Angeles, CA  90017

Telephone numbers, fax numbers, and email addresses will remain unchanged.   Please update our contact details in your records.   If you have any questions please contact us at sgg@sggimmigration.com.