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I was convicted of a crime.  Am I eligible for DACA?

I was convicted of a crime. Am I eligible for DACA?

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 permeant 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?

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. Before filing an application for Deferred Action, seek the counsel of a trusted immigration lawyer.

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