I'm qualified for Obama Deffered Action except one thing: i have DUI record back in 2010. However, can i still apply for the Deffered Action? or i can't even apply for it? Please advise me. I'm in a situation which i can't even go to sleep at night because of this. Some lawyers stated that i can still eligible but some others said i'm not qualified.
You need to consult with an immigration attorney rather than a criminal defense attorney. As the plan has been explained to me, your DUI conviction would not stand in the way of your petition, but again, this is not a criminal defense question.
If they took away citizenship for DUI's, this would be a lonely place :)
Mr. Perlman is correct. Go see an immigration atty. ASAP.
You cannot get deferred action with a DUI.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You will not be eligible for Deferred Action. According to the guidelines, you are not eligible for Deferred Action if you have committed what is considered a "significant misdemeanor" as described below:
What offenses constitute a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.