The answer to the above question isn’t a simple yes or no. It’ll heavily depend on what you were convicted of. Even then, if you were convicted of a crime that would make you ineligible there is still hope that an attorney can help you expunge or set aside your conviction.
Deferred Action for Childhood Arrivals, better known as DACA has aided multiple illegal immigrants in the United States. here are several criteria in order to be eligible to apply. Any serious crime, including a DUI / DWIs (driving while intoxicated or driving under the influence) can disqualify you. You may still qualify even if you have a criminal record. Let’s go over what each roadblock entails.
What Is Considered A Felony?
Felonies are the most serious crimes, they involve long jail or prison sentences, fines, and permanent loss of rights. A felony charge includes, but is not limited to the following:
- Murder
- Homicide
- Manslaughter
- Rape
- Assault with a deadly weapon
- Aggravated battery
- Child pornography
- Fraud
- Drug possession
- Burglary, robbery or grand theft
- DUI
- Domestic violence
- Perjury
What Is Considered A Significant Misdemeanor?
Misdemeanors are criminal offenses punishable by less than one year in prison. If you are convicted of three or more misdemeanors (without regard for whether they are “significant”), you will be considered ineligible for DACA. A significant misdemeanor is a misdemeanor that involves any of the following:
- Burglary
- Domestic violence
- Sexual abuse or exploitation
- Unlawful use or possession of firearms
- Driving or operating under the influence
- Drug distribution or trafficking.
- Any misdemeanor for which you were sentenced to more than 90 days in jail
What Is Considered A Misdemeanor?
Misdemeanors are less severe crimes. These usually involve some jail time, smaller fines, and temporary punishments. Some misdemeanors can include, but are not limited to the following:
- Petty theft or shoplifting
- Public intoxication
- Disorderly conduct
- Reckless driving
- Prostitution
- Probation violations
- Trespassing
- Disturbing the
What Is Considered A Threat To National Or Public Safety?
- Gang membership
- Participating in criminal activities
- Participating in activities that threaten the United States.
What If I Was Convicted Of A Crime As A Juvenile?
Juvenile matters are generally not considered convictions for other immigration purposes, however, they are considered as a matter of discretion for DACA. For example, a pattern of bad behavior as a minor may result in your application being denied. Other issues as a minor include gang-related activities which may disqualify you for DACA.
There are exceptions to these rules and there are certain scenarios where the conviction will not disqualify you. For example, simple things such as speeding tickets, driving without a license, parking tickets, or convictions that are later vacated will not harm your eligibility for DACA.
Don't Lose Hope If You Have A Criminal Conviction That Bars DACA
A way to vacate you’re conviction is to rely on Penal Code §1473.7 to file a Motion to Vacate a Conviction or Sentence. This statute allows you to have the conviction set aside if your attorney at the time did not inform you of potential immigration consequences from your guilty plea. This argument relies on the idea that you would have accepted alternative punishments if you had been aware that the current one would have immigration consequences. Therefore, although this filing does vacate the current conviction, it does not automatically dismiss the case. It is possible that the prosecutor can re-file charges against you and you will need to re-negotiate an alternative case resolution that will not leave you vulnerable to negative immigration consequences. Note that this method requires that you plead guilty or nolo contendre, it will not help you if you went to trial and were convicted.
You can also try to get your conviction expunged. An expungement is a “cleansing” of your record so that a criminal conviction does not show up on your record. Note that it does not erase the conviction, but it merely shows that you have fulfilled certain requirements (depending on the conviction) that allow the record to be cleared. Although expunged records are not automatic bars for DACA, USCIS can still consider them when deciding whether or not to approve your application. Nevertheless, it is worth it to go through the process so that you are at least able to try to apply.
Before applying for Deferred Action, seek the counsel of a trusted immigration lawyer. Get in touch with Yekrangi & Associates via online form or call (949) 478-4963 to schedule a consultation with our qualified immigration attorneys as soon as possible.