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I got a ticket for not having a driving licesnce about 3 years ago would that affect me int the deferred action

San Jose, CA |
Attorney answers 2


If you paid it, then you pled guilty.

Driving w/o a license is serious in the federal sentencing scheme for enhancements and so its probably significant absent specific guidelines (which may be formulated later) indicating otherwise.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.



This is straight from the USCIS guidelines: "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? 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. "


Based on the guidelines that have been released thus far, it does not appear that you will be barred from deferred action because "driving without a license" is not on the list of "significant misdemeanors." To get more clarification, we will have to wait for the guidelines to be released on August 1, 2012. In the meantime, you should gather all paperwork regarding your incident from the courthouse, get an FBI report on yourself as well as a state rap sheet so you know what information the government has about you - then speak with a lawyer.

I would also recommend reading the attached brochure on bars to deferred action.

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Best of luck,

Sanjay Paul, Esq.

This is not legal advice. No attorney client relationship exists between us.