Hi i came in these country in 2002 at the age of 12 yrs old with a visa. Finish middle school and high school.
Visa expired and now in here without any papers. I was recently charge with a misdeamenor for contribution to the delinquency of a minor. I got alcohol for someone and now im facin a 3-year probation good conduct with one year suspended jail time. My question is could i apply for the deferred action without any problem or would i get deny because of my charge? Thank you.
The issue here would be "is the misdemeanor significant under the DACA rules?". USCIS answered this question with the following: What offenses constitute a significant misdemeanor?
A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
Regardless of the sentence imposed, is 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,
If not an offense listed above, 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.
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.
The Obama administration announced on Friday June 15, 2012 that it would no longer seek the removal of many young undocumented immigrants. Instead immigration authorities are allowing such persons to apply for “Deferred Action” from removal, renewable every 2 years, which will provide for a means to apply for a Work Authorization Document (also known as an EAD card) and a valid Social Security Card.
USCIS began accepting applications for Deferred Action for Childhood Arrivals on August 15, 2012.
In practical terms this will pave the way for eligible young immigrants to come out of the shadows and,
Obtain a valid Social Security number,
Obtain a valid state driver’s license,
Work legally and pay income tax, and
Attend high school and college.
Who will Qualify:
In a memorandum to immigration enforcement officials, Homeland Security Secretary Janet Napolitano wrote that immigrants who were illegally brought to the United States as children "lacked the intent to violate the law," and pose few national security risks.
The memo said the government would offer Deferred Action to immigrants who met 5 criteria:
Have entered the United States under the age of 16,
Be currently no older than 30 as of June 15, 2012,
Be currently enrolled in school, have graduated high school, OR willing and eligible to serve in the military,
Have been in the United States since June 15, 2007, AND
Have a minimal criminal record. (No felonies, DUI's, or high-level misdemeanors. Minor traffic and most minor misdemeanor crimes should not cause a problem.)
It is very important to have your case handled by an experienced immigration attorney. Applicants that do not meet these criteria may be placed into removal proceedings and deported from the United States. If you apply for Deferred Action without consulting a lawyer first, damage may be done that cannot be undone.
“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”
This memorandum gives no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
It is important to understand that this is only a change in existing policy. Relevant federal agencies already possessed these powers, only a willingness to implement them was lacking. The best way to think about this policy shift is a band-aid over a gaping wound, but a band-aid that will in the short term allow many of the most vulnerable and blameless undocumented immigrants live a more normal life until a permanent solution to fix our country’s broken immigration system is implemented.
I concur with the attorneys who have responded to your query. You should consult an immigration attorney who can evaluate your case to determine your eligibility under DACA.
