You may have some doubts when applying for the Deferred Action for Childhood Arrivals program if you have a jail or arrest record of any kind. Most applicants do not. Even if you meet the main requirements, you may still worry if you have minor traffic infractions on your record and may be denied one because of this past For Criminal History on DACA mistakes.
This concern is real because the U.S. Citizenship and Immigration Services uses strict rules to check criminal history in DACA cases. According to USCIS, anyone convicted of a felony or a “significant misdemeanor” can’t apply for DACA. This rule makes people with a criminal history unsure about applying.
It’s also important to know that a federal judge in Texas ruled DACA illegal on July 16, 2021. This decision doesn’t affect current DACA holders or their ability to renew, but it stops all new applications, even those already submitted. If your application is pending, you won’t get a refund. We will update you as the situation changes.
What Is a Significant Misdemeanor
USCIS looks at each case individually but has guidelines for what counts as a significant misdemeanor. A misdemeanor, by federal law, is a crime punishable by five days to one year in jail. It becomes significant if it involves:
- Domestic Violence
- Sexual Abuse or Exploitation
- Burglary
- Unlawful Possession or Use of a Firearm
- Drug Distribution or Trafficking
- Driving Under the Influence of Alcohol or Drugs (DUI or DWI)
If a misdemeanor doesn’t fit these categories but results in more than 90 days in jail, USCIS might still consider it significant. Suspended sentences or extra time spent in immigration detention don’t count. USCIS has the final say on whether a crime is a significant misdemeanor, even if the sentence is 90 days or less.
Multiple Misdemeanors For Criminal History on DACA
If you have several misdemeanors that aren’t significant, USCIS might still deny your application. If you have three or more misdemeanors, your application could be denied, even if none are significant.
However, if the misdemeanors are related (happened on the same date and from the same incident), USCIS might count them as one misdemeanor instead of multiple.
Traffic Offenses For Criminal History on DACA
Minor traffic offenses, like speeding or driving without a license, don’t count as misdemeanors and won’t disqualify you from DACA. These minor infractions won’t hurt your eligibility. You might use traffic tickets to prove your presence in the U.S. for your application. However, any traffic offense involving DUI or DWI will be considered a significant misdemeanor.
Expunged or Sealed Records For Criminal History on DACA
USCIS can access expunged or sealed records, but having such a record won’t automatically disqualify you from DACA. This also applies to juvenile convictions.
If you have a misdemeanor that you think isn’t significant, you should provide detailed documentation for USCIS. This includes certified court documents explaining your criminal history. It’s also helpful to have an attorney write a memorandum about your criminal history and why it shouldn’t disqualify you from DACA. Consulting an immigration attorney can give you advice specific to your situation.
In conclusion, the relationship between DACA and criminal history is complicated. USCIS has guidelines for significant misdemeanors, but each case is unique. If you’re thinking about applying for DACA and have a misdemeanor, thorough preparation, and legal advice are crucial for presenting the best case for your eligibility.
