I submitted my application for deferred action on April 17th and within the same month received the receipt that it was received by USCIS. I was arrested on May 7th for a warrant I had for not having paid a ticket for driving without a liscence, however they were interrogating me for a theft occurrence. Having a warrant on my record they charged me for both the traffic ticket and the theft charges. I was bailed out and paid the charges for the traffic tickets and am in the process of fighting the theft charges. I also completed the biometrics. i looked on the USCIS website (deferred action section) an it doesn't specify theft charges as significant misdemeanor. will they know it happened after I submitted my application? Will my process still get approved and if so will it be delayed?
You really need to consult with an immigration attorney as soon as possible. The specific details of what you are charged with, and how your case gets decided, will determine whether or not you will end up with immigration-related consequences. Please consult with an immigration attorney immediately.
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12 lawyers agree
Your DACA process may be in jeopardy with a theft charge. Theft, depending on the statute, could be a "crime involving moral turpitude" which is problematic for USCIS. You need to find out what the possible penalty is for the theft you're charged with. You should definitely consult with an attorney who can handle both your theft case and be well aware of immigration consequences of any plea that may affect your DACA process. If you'd like, please give me a call and we can chat.
I agree with my colleagues, and above all would suggest that you consult with an attorney who is experienced in BOTH criminal and immigration law, so that they can try to get a resolution for your criminal case that does not adversely affect your DACA application.
Deferred action is a wonderful benefit, so I would advise you not take any chances with it by dealing with this process on your own, or by having criminal defense counsel not competent to assess the immigration consequences of a theft-related conviction.
This answer is general in nature, and not intended as legal advice. You are advised to contact a qualified immigration attorney who can analyze the specific facts of your case, and who can give you accurate legal advice.
You are right to see the issue regarding the significant misdemeanor. A lot could depend on whether your criminal case has been adjudicated yet. I've seen DACA applications like this be approved by USCIS while the criminal case was still pending. I have to agree with everyone else here; I wouldn't just cross my fingers. I'd go ahead and seek some legal help from an attorney who can get into your criminal background, compare it with what we know about the DACA significant misdemeanors (as a community of attorneys we are learning every day as more and more applications are approved/denied and as we communicate among the community of attorneys out there as this is a new and evolving area).
I agree with my colleagues and urge you to consult an experienced immigration lawyer. You need to consider how any criminal conviction will affect not just your DACA application, but also any potential permanent status that might become available to you in the future.