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Many have asked : I got caught without a DL, will that affect me? I shoplifted as a teenager, can I still apply? Minor traffic incidents wont affect you in qualifying as long as they arent a large number and repetitive because you havent learned your lesson. Shoplifting if commited in your past as a teenager, is just that, your past and a mistake commited by an immature tennager. USCIS is looking closely at people who keep repeating the same offenses over and over again without learning their lesson. These people will be looked at more closely. However, if it was a one time thing, thats what it is a mistake and lesson learned. Juvenile records if expunged will just be looked over and shouldnt be used against you as long as you havent repeated this type of behavior. USCIS guidelines are pretty clear about felonies, misdemeanors and traffic violations, if you feel its big and dont know if you'd qualify or that it could affect your case then maybe itd be better to consult a lawyer... What offenses qualify as a felony? A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year. What offenses constitute a significant misdemeanor? For the purposes of this process, 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 that meets the following criteria: 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; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Not withstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less. What offenses constitute a non-significant misdemeanor? For purposes of this process, a non-significant misdemeanor is any 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 that meets the following criteria: Is not 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; and Is one for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. 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. It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed. Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process? No. Immigration-related offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for consideration of deferred action pursuant to this process. Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion? Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.

There seems to be some confusion on what the correct answer is for question #15 of form I-765. The question asks for your Current Immigration Status. Some people are under the impression that the correct answer is Unlawful Status: Deferred Action for Childhood Arrivals by ICE. I don't think this is the correct answer. The reason for why I think that is not the correct answer is because in the instructions there are 2 sections under Consideration for Deferred Action ( c) (33) The second section talks about Deferred Action being granted to you by ICE. The only way that you could be granted Deferred Action by ICE is if you are or were in removal proceedings, since this process is being done by USCIS through DHS, not ICE. The correct answer would simply be Unlawful Status if you came to the US without inspection. If you came with a student visa or visitor visa, you can put Student Visa Overstay, or Visitor Visa Overstay. EDIT: This is an opinion, which means I can be wrong.

The address to which you will mail your application depends on the state you currently live in and on the shipping method. If you will be using regular U.S Postal Service, you will ship your application to the addresses highlighted in green, depending on your state. If you will be using USPS Express, which is also with the US Postal Service, but is faster, or if you will be using a different Courier, FedEx or UPS, you will ship to the addresses highlighted in blue, depending on your state.

i'm happy to hear that there are some people who have received an I-797 letter. however, i would like to point out that there are different type of I-797. here is a table that explains the different types. Form Number Description I-797, Notice of Action Issued when an application or petition is approved. I-797A, Notice of Action Issued to an applicant as a replacement Form I-94. I-797B, Notice of Action Issued for approval of an alien worker petition. I-797C, Notice of Action Issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview, re-scheduled re-opened cases, etc I-797D Accompanies benefit cards. I-797E, Notice of Action Issued to request evidence. I-797F, Transportation Letter Issued overseas to allow applicants to travel. i guess the reason why i am writing this is because i dont want anyone to be mislead about the Notice Letters. please when you receive your I-797 letter, please see if there is a letter behind the last 7. a straight I-797 means that your application has been approved which i would think would happen after your EAD gets approves. the I-797C means that they have received your application, payments or any other step in your application progess.

You have the right to express your opinion whether one agrees or not. I suggested that if the new laws/policies Brewer was suggesting were difficult to handle, one should leave the state. I know I would, finally an opportunity to work and reside somewhere else. Yes, it may be difficult to start else where and leave family, but being able to accomplish ones goals isn't going to be easy. There will be sacrifice and either you can keep on moving or wait on the side of the road for someone to pick u up....