Under the new policy, an applicant cannot have a conviction for a felony, a "significant misdemeanor", or three or more other misdemeanors that did not occur on the same day or as part of a common act, omission, or scheme of misconduct. Typically, any offense punishable by a jail term of less than a year is considered a misdemeanor. DHS has defined a "significant misdemeanor" as follows:
"A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm;
drug distribution or trafficking; or unlawful possession of drugs."
Based on what you have described above, if these are your only involvement with the law, you would not be disqualified from the new deferred action policy. However, you should obtain copies of all court papers associated with your charges and consult with a qualified immigration attorney who can help you verify that the facts of your case will not cause a problem.
I wish you the best of luck.
I agree with my colleague. However, keep in mind that the procedures are not yet in place for the new deferred action program. Check back at www.uscis.gov in July and August.
Law Office of Mary K. Neal | www.immigratechicago.com | email@example.com| 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.
Possibly. It will depend on how USCIS defines "significant misdemeanor offense" and "a threat to public safety."
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Hello. To qualify for the deferred action policy, you have to show that you have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. You should contact an immigration attorney to determine whether the reckless driving incident is considered "a significant misdemeanor offense."
LAW OFFICE OF ARIE EBRAHIMIAN
8889 WEST OLYMPIC BOULEVARD, SUITE 200
BEVERLY HILLS, CA 90211
DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.