I qualify for the deferred dreamers act,I meet all requirements but I have shoplifting misdemeanor, would this disqualify me

Asked over 1 year ago - Tacoma, WA

Im 22, have 2 daughters been here since I was 6 yrs old. Have a ged . Am married to an American citizen. I had a misdemeanor for shoplifting two years ago.

Attorney answers (4)

  1. Lisa Ellen Seifert


    Contributor Level 11


    Lawyers agree

    Answered . You seem to have some information about the DACA program. Good. Anyone with any kind of crime or arrest for ANYthing should really see a lawyer before applying, in my opinion. You do not want to waste your money on the fees, or possibly get referred to ICE for removal. In WA state, shoplifting CAN be considered a very serious crime. So -- seek an in person consultation with an experienced attorney before filing anything.

    This is general advice, and does not constitute an attorney client relationship.
  2. Carlos Andres Lopez

    Contributor Level 13


    Lawyers agree

    Answered . I urge you to meet with an immigration attorney to discuss your options

    A shoplifting conviction may be considered a significant misdemeanor that might disqualify you for Deferred Action for Childhood Arrival. Perhaps you may be able to reopen that conviction (for constitutional reasons such as not being advised of the immigration consequences) and vacate the conviction. That is something you should discuss with a criminal attorney, as well as an immigration attorney.

    Your better course of action would be to have your husband petition for you, and either adjust status or consular process with the provisional waiver. If you entered with a visa at the age of 6 yrs old, you may be able to adjust status. If you were brought illegally, then you have to leave the country to get an immigrant visa. With this recent announcement of the provisional waiver, it appears that you may qualify. These are details that you should discuss at length with an immigration attorney. Best of luck!

  3. Aimee R Welch

    Contributor Level 4

    Answered . I concur. You need to meet with an attorney about the significance of the shoplifting incident. If you are married to an American Citizen, however, you should also consider the possibility of gaining status under a family based petition, as this gives you actual status and not just deferred action on your presence in the country.

  4. Eric Elliot Ludin

    Contributor Level 11

    Answered . I agree with my colleagues. I shoplifting charge may be considered a "significant misdemeanor" which could make you ineligible. In any event, I would not do anything without first consulting with an immigration lawyer. You may have other options since you are married to a US citizen.

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