Applicants with criminal history must consult with an immigration attorney before they apply for Deferred Action. For immigration purposes, convictions continue to exist even if the crimes were committed by minors, all the fines have been paid, the probation has been successfully completed, or the record has been expunged. In some cases, the immigration may not only deny the application for Deferred Action but can start the process of deportation. What crimes are the bars to Deferred Action?
Felony is a violation of Federal or State laws punishable by a jail sentence of one year or more.
Significant Misdemeanor is a violation of federal or state laws for which there is a prison term of up to one year, or no jail time at all, and the offense has the following characteristics:
- elements of violence, threats, assault, domestic violence
- sexual violence and exploitation
- theft, burglary, fraud
- driving under the influence.
- obstruction of justice, bribery, escape from arrest or from the accident scene.
- unlawful possession or use of weapons
- sale and distribution of drugs, illegal possession of drugs
Three or more misdemeanors not committed on the same day and not part of one criminal scheme will bar the applicant from getting Deferred Action.
Even where the applicant has no prior convictions, the immigration may take into account previous arrests and dropped charges in order to determine whether a person is a threat to public safety.