Deferred Action (DACA) Blog

In the absence of definitive regulations, it is important to review all possible legal issues before filing for Deferred Action (DACA). We will continue to update our blog and website as more information becomes available and in the meantime will post blogs on frequently asked questions and other issues related to DACA

What If I Have An Arrest, Significant Misdemeanor, Or I Am Currently Detained?

Having an arrest or significant misdemeanor is definitely a sensitive area that must be evaluated on a case by case basis.  There is no specific definition of significant misdemeanor and, for immigration purposes, some misdemeanors are considered to be very serious regardless of the sentence. For purposes of DACA, the Department of Homeland Security (DHS), generally will not consider a minor traffic ticket, however it is nevertheless important to disclose any offences such as driving without a license. If in doubt, it is always better to disclose the offense. Other offenses such as petty theft or driving under the influence may or may not be considered to be significant and will be reviewed on a case by case basis. It is important to have all arrest records and court dispositions available before filing for DACA. We also recommend obtaining a background check to find out what offences are in the State records. In California, this can be obtained through a live scan service.

The following are examples of criminal offences that DHS may consider serious, and extreme caution should be exercised before considering filing for DACA:

• Domestic Violence
• Burglary
• Unlawful possession or use of a firearm
• Drug Related offences ( possession, trafficking,  distributing)
• Gang Related offences

If you are currently detained, you should not apply for DACA with USCIS, but rather, you will have to apply with US Immigration Customs Enforcement (ICE). You are also eligible to apply if you are in detention, if you are under age 15.

If you have had an arrest or have committed any type of action that you think might count as a criminal offence or are unsure, it is important that you speak to a licensed immigration attorney. Our immigration attorneys can give you the appropriate guidance, counseling, and advice as to the circumstances of your particular case. We will explain the benefits, as well as the risks, involved before applying for deferred action, and let you decide whether it is the best course of action for you to take, after you have properly weighed your options.

Our law firm is here to help you navigate through the often confusing rules and regulations, which comprise the immigration legal system. We are committed to helping you make the DACA process as smooth as possible. Please email us at dream@americanimmigrationlaw.com, or call us at 855-2-SUEÑOS, or at our office at 323-653-4514 for a FREE consultation today!