I was charged with simple possession, drug paraphernalia, and criminal impersonation. I entered a conditional plea under t.c.a 40-30-313. Will these disqualify me from daca. All these were charges on the same day out of the same act and it’s the only time I have been in trouble
Talk to an immigration attorney about this but if charges are dismissed then it won’t affect your status. Talk to a criminal defense attorney about that though.
Unfortunately, conditional pleas under immigration law count as guilty pleas as you hd to agree to plead guilty to get the conviction deferred.
Additionally, under DACA, If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not receive DACA. A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence.
The convictions you describe do not appear to be a significant misdemeanor nor count as three misdemeanors. When you apply for renewal, make sure to have an experienced immigration attorney represent you.
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