when i was 16 i was cited for truancy, but i went to court and got community service and i completed it.Will this still affect me??
Generally, juvenile convictions will not bar you from qualifying for deferred action.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
It really depends on the specifics of your situation. But one thing is clear, you will need an attorney to address this situation. Gather all documents and evidence of your incident as a minor and speak to an attorney soon.
Best of luck,
Sanjay A. Paul, Esq.
There are several forms that need to be completed. The issue is whether you were adjudicated a deliquent or tried as an adult. It seems like you were cited as a delinquent, so you do not seem to have a conviction. However, there may be confusion, so I strongly recommend that you consider getting help from an experienced immigration attorney, where you can afford one.
Although juvenile convictions are not an automatic bar to deferred action eligibility, your question is "Will this still affect me?" Yes, it quite possibly might.
Did you read the instructions for the I-821 on page 7? It specifically states there that even if an applicant meets all the eligibility requirements for deferred action, the USCIS still may use its discretion to deny the application if the applicant is not found to deserve a favorable exercise of that discretion. Thus, even though juvenile truancy is unlikely to qualify a particularly serious misdemeanor for criminal reasons, it certainly will be considered in the exercise of discretion. Was there was something unusual going on in your life at that time that made it especially difficult for you to get to school? Or do your school transcripts, grades and attendance record indicate that you generally did not take full advantage of your educational opportunities?
All DACA applicants should be making a case not only showing how they meet the threshold eligibility requirements, but also why they are deserving of a favorable exercise of discretion. Particularly if you have something like this on your record, you need to make a strong case about why the all the "positive" things happening in your life outweigh this negative, what you learned from the experience, and particularly if there were other issues (such as an immediate relative's death or deportation, etc.) that caused a significant disruption in your normal routine at the time you were cited.
Get free answers from experienced attorneys.
28,401 answers this week
2,940 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary