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Can Marijuana infractions make me disqualified from the Deferred Action for Childhood arrivals?

Pebble Beach, CA |

I was charged with possession of Marijuana, less than an ounce, back in May in California. Can this effect me in anyway from qualifying for the Deferred Action for Childhood arrivals? Are there any specific questions I have to answer about possession of Marijuana on the Deferred Action form?

I was never arrested and did not have to stand in front of a judge. I simply had to pay a fine. The ticket clearly states that it was an Infraction.

Attorney Answers 1


  1. An infraction for marijuana will probably not disqualify you. See the requirements below:

    Consideration of Deferred Action for Childhood Arrivals Process:

    Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

    You may request consideration of deferred action for childhood arrivals if you:

    -Were under the age of 31 as of June 15, 2012;
    -Came to the United States before reaching your 16th birthday;
    -Have continuously resided in the United States since June 15, 2007, up to the present time;
    -Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    -Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
    -Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    -Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

    Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.

    http://www.uscis.gov/portal/site/uscis

    Please be aware that e-mail communication is not secure, and your communication with us through this web site and e-mail will not be considered as privileged or confidential, nor does it constitute an attorney-client relationship. By sending information to us via e-mail, you hereby accept the risks arising from the lack of confidentiality.

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