Dariela 8 Posted February 11, 2013 Hi guys i just join recently... and if your reading this ... please continue reading ... any feedback will be appreciated/ okk! when i was in high school (im almost 23 now) i got in to a fight with a girl... ... story short... she used to bullied me because i was a lil chunky =/ so one day i got really tired of it and i punch her in the face.... (biggest mistake of my life) because i got arrested by the school sheriff and he took me to the juvenile... i stay there in their office for like 4hours... while they decided what to do with me ... at the end they end up giving me 15hrs of comunity services! and to take a anger management booklet... and to write an essay for the girl i hit... of how sorry i was for hitting her. so i did all that... and my case was dismissed.......... but they did took my fingerprints... and took a photo...... oh and by the way i regret that so much... because that was not me ihv always been a sweet girl. but that day i guess it wasnt my day :/ aniways ... so this has been hunting me since i read of the misdmeanor... thing.... that you have to have a clean record and all that... my question is do you guys think i can still apply for the deferred action. ooo my case was called "battery" is that consider ... a misdmeanor? or maybe domestic violence?? im so confused... i dont want to apply and get denied because ikno im a good girl it was just that day ! and yes i still have the juvenile records where it says that my case was dismissed ... because i completed everything! oooh and i called like 5diff lawyers ... and their fees are insane//// 2000 / 1500.... 1000. the least expensive that ihv called is 700 can you believe that?,,, oohhh and just to make an appoiment to maybe talk to them for like 15minutes is 300 ... isnt it crazy?? i think is insane... i printed out all the forms... i think they are so eazy to fll out... and this forum has tons of info on how to fill em out. that i really want to do it myselft...... but ..... then i remember what i did back in high school that i just dont want to risk myselft. do you guys think i will get denied?? anyone here been arrested?? and gotten approved???? please help .... any help will be appreciated///. thanks ; D. Share this post Link to post Share on other sites
Rawf 336 Posted February 11, 2013 Battery can be both a misdemeanor and a felony, I don't want to give misleading information. I would recommend visiting an attorney and you can always request a background check for around $5 to check if the battery charge shows in it. Share this post Link to post Share on other sites
splif0clock 89 Posted February 11, 2013 A battery is a simple misdemeanor. If you only have one, you shouldn't worry about it too much. The only thing is it might prolong your application process time but that is not something you are worried about. Plus, I don't know if you was a minor or not when you got charged but if you were, most charges gets expunged when you turn 18. You should read the question and answer on dhs site http://www.dhs.gov/d...ldhood-arrivals specifically Q1 - Q7. It basically answers all your concerns you have at the moment. If you are good with reading comprehension, I wouldn't advise you to spend that much money on a lawyer. They are basically going to repeat the same thing you read on that site in a simple form. Q1: What guidelines must I meet to be considered for deferred action for childhood arrivals? A1: Pursuant to the Secretary of Homeland Security’s June 15, 2012 memorandum, in order to be considered for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that you: ..... Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Q3: What offenses constitute a significant misdemeanor? A3: 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). 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. 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. Q4: What offenses constitute a non-significant misdemeanor? A4: 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. G'luck 1 Heisenberg2 reacted to this Share this post Link to post Share on other sites
Heisenberg2 34 Posted February 11, 2013 Sorry to hear that I hope that this incident doesn't halt your effort to apply for DACA , best of luck to you!! Share this post Link to post Share on other sites
JoseG 383 Posted February 11, 2013 It seems to me like that's nothing to worry about, especially since you were a minor. Worst case scenerio is they count it as a misdemeanor, which wouldn't affect you if you only have one. If it were a significant misdemeanor or a felony, you wouldn't have gotten off with community service and an essay. Share this post Link to post Share on other sites
ruthie_sue08 31 Posted February 11, 2013 I have a misdemeanor for drug possession from when i was a juvenile in high school. Make sure you send all your paper work having to do with that event & a criminal disposition, that you can get at your county police station, saying you searched for that event & found it or didn't find it whichever pops up. It's cheap & easy to get ! Share this post Link to post Share on other sites
Adri2005 0 Posted February 11, 2013 Hey Darelia don't worry and apply I also had a misdemeanor for battery. You see when I was 18 i got into a fight with my neighbor the cops were called and we both were taken in. I had my fingerprints and photo taken. I stood in the police station for about 8 hours untill my parents paid the bond. Then I had court and since we both dropped the charges against each other the case was dismiss. Make sure you send your disposition were it states that your case was dismiss. But don't worry I was just as nervous as you but I did consult two different lawyers and they told me that I was a ok to apply so I did and I was approved dec 27 Good Luck Share this post Link to post Share on other sites
Calidreamer 100 Posted February 11, 2013 @ Darelia I had asked my lawyer the same question, this is what he told me; if this happened when you were a minor it won't be held against you, you do need to get a criminal disposition, because it will come up when your biometrics are taken. I do know layer fees are expensive, but it is an important process. Also, I know someone from this forum got an RFE asking for a criminal disposition, just don't remember who tho. Share this post Link to post Share on other sites
Dariela 8 Posted February 11, 2013 i just got home from work... and i just want to say thank you so much guys! for such great news ahhhhh im so happy to read this (tear) thank you thank you all of you... you guys are amazing, ill be calling a lawyer tmrw to start my app as soon as possible (the cheap one 700) awwwwh i have the happies smile ever... i feel like ihv been aproved . (happy dance) . Share this post Link to post Share on other sites
