Under the new policy, an applicant cannot have a conviction for a felony, a "significant misdemeanor", or three or more other misdemeanors that did not occur on the same day or as part of a common act, omission, or scheme of misconduct. Typically, any offense punishable by a jail term of less than a year is considered a misdemeanor. DHS has defined a "significant misdemeanor" as follows:
"A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm;
drug distribution or trafficking; or unlawful possession of drugs."
Based on what you have described above, if these are your only involvement with the law, you would not be disqualified from the new deferred action policy. However, you should obtain copies of all court papers associated with your charges and consult with a qualified immigration attorney who can help you verify that the facts of your case will not cause a problem.
I wish you the best of luck.
I agree with my colleague. However, keep in mind that the procedures are not yet in place for the new deferred action program. Check back at www.uscis.gov in July and August.
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Possibly. It will depend on how USCIS defines "significant misdemeanor offense" and "a threat to public safety."
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Hello. To qualify for the deferred action policy, you have to show that you have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. You should contact an immigration attorney to determine whether the reckless driving incident is considered "a significant misdemeanor offense."
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