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Can i travel to florida with daca even though i have a misdemeanor?

Fox Lake, IL |

I'm going to florida by plane next week but I was wondering if it was ok with my daca I have my drivers license but I have a misdemeanor in my background that happened back in 2007. Can I still b able to fly with no problem?

Attorney Answers 4

Posted

Flying domestically you should not encounter any border enforcement agents anyway, so your driver's license should technically be enough to fly with. I know many DACA recipients and even undocumented aliens who fly domestically on a regular basis without any issue. Of course sometimes overzealous TSA agents will involve the CBP even if not required when they suspect (sometimes incorrectly) that a person may not be in the US legally. Producing your DACA approval notice should be fine at that point. As long as you disclosed your misdemeanor when you applied for DACA you should have no problem.

If you want the very technical explanation, domestic flight does not involve "admission" into the US, so crimes that prevent your from entering do not matter, and since DACA is not legal status, you are not subject to removal (deportability) on the basis of crimes, because being removed requires you to first have been admitted (and you haven't). You would still be removable, however, for being here illegally - but DACA basically says that you won't be. There are more serious crimes which could have more serious consequences regardless of whether you've been admitted, but if you had one of those, you would not have qualified for DACA. Good luck!

www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

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4 comments

Asker

Posted

Omg thank you. Now I can be excited. :)

Daniel Warren Thomann

Daniel Warren Thomann

Posted

Have a safe trip!

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Completely concur that you should have no issues.

Asker

Posted

Thank you so much for your help. Much appreciated! :)

Posted

I am not familiar with immigration law but this appears to be more of an immigration question than an aviation question. I have changed the practice area to attract the immigration lawyers. They will certainly correct me if I am wrong.

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Asker

Posted

Ok thank you.

Posted

Yes you may travel anywhere within the US from one state to another with no problem. Don't worry.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Gunda Johanna Brost

Gunda Johanna Brost

Posted

All you will need to show at the airport is a valid drivers license and your plane ticket.

Asker

Posted

Thank you so much for the help. :)

Gunda Johanna Brost

Gunda Johanna Brost

Posted

My pleasure. Have a good trip!

Posted

If you disclosed the misdemeanor and still got approved, your misdemeanor was not deemed serious one to disqualify you from DACA. Hence, you can travel anywhere you want in the USA. If you also included an application for Advance Parole and EAD and got the combo card, you can travel anywhere in the world your national passport opens the doors for you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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