Immigration question

Asked over 1 year ago - Beaverton, OR

I have deferred action. Living in oregon if you drive with a drivers permitand you get stopped by the police. does that count towards the 3 misdemeanor offense or do traffic violations not count towards the 3 misdemeanor strike?

Attorney answers (5)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . No, it does not count.

    Please click the link at the very bottom for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Mark Robert Barr

    Contributor Level 16


    Lawyers agree

    Answered . From a USCIS FAQs on DACA:

    Q5: If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
    A5: A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.

    It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.

  3. Elliot M.S. Yi

    Contributor Level 15


    Lawyers agree

    Answered . I agree with my colleagues. It does not count as one of the three misdemeanors. I am a local Portland attorney. If you have additional questions please feel free to email me at or visit the following link:

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201; elliot@... more
  4. Gintare Grigaite

    Contributor Level 18


    Lawyers agree

    Answered . As long as it is a traffic violation, and not a misdemeanor, it will not count toward the 3 misdemeanor count.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do... more
  5. Stephen D. Berman

    Contributor Level 20


    Lawyers agree

    Answered . No, being stopped does not constitute a misdemeanor.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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