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Immigration question

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. 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 not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  2. 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. 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
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. 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 attorney to discuss your individual case.


  5. 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 elliot@emsylaw.com or visit the following link: http://www.emsylaw.com/deferred-action-daca.html

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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