Misdemeanors

[JoseC 3]

Well i sent my application like five months ago, and i haven't heard anything back ,I'm wondering if its because of my background i have three misdemeanors but one was dismissed in court.

The other two are class B misdemeanors here in Texas one was for driving with a suspended drivers license and the other one is for a theft charge because i bought a cellphone from craigslist that was stolen. Its been so long and I'm just thinking that I'm not going to get approved because of that .i sent in all the court paperwork for all of the cases with my application.

[DreamTeam210 1]

I have 5 driving with no licence tickets on my record. I dont know if they are misdemeanors or not. I hope they dont care about them..

[Me15** 29]

I have 3 no driving with a license and like 1 misdemeanor and 1 dismiss and 1 won DUI and I got my EAD card today I got approve so don't worry. As long that is not felony. Good luck

[Fresita22 101]

Don't worry some people have been approved that were on your same situation so you'll be okay just wait a bit and you will get approved

[Santi 353]

Well i sent my application like five months ago, and i haven't heard anything back ,I'm wondering if its because of my background i have three misdemeanors but one was dismissed in court.

The other two are class B misdemeanors here in Texas one was for driving with a suspended drivers license and the other one is for a theft charge because i bought a cellphone from craigslist that was stolen. Its been so long and I'm just thinking that I'm not going to get approved because of that .i sent in all the court paperwork for all of the cases with my application.

Let us analyze your situation carefully and see what we can conclude...

1. You say that one of the cases was dismissed in court. I assume you were not charged, or am I mistaken? If you were not charged, that is great, and hopefully you sent the certified paperwork to USCIS proving that you were not indicted in that particular case.

Now, to the interesting stuff...

According to the State of Texas:

Class B misdemeanors are considered more serious than Class C misdemeanors and carry punishments of a fine of up to $2000, and/or a jail sentence of up to 180 days. The court may also impose a maximum of two years of community supervision (adult probation)* or three years of community supervision with an extension.

Examples of Class B misdemeanors include:

DWI (Driving while intoxicated) first offense

Harassment

Prostitution

Terroristic threat

Criminal trespass

Evading arrest on foot

False report to a police officer and false 911 calls

Child enticement

Failure to pay child support

Indecent exposure

Minor drug possession

Vandalism

You may have noticed I highlighted some words in the examples above. This is just to show you what other crimes are considered Class B Misdemeanors in TX...

Now, on to USCIS and their guidelines.

For deferred action, USCIS has established guidelines regarding the application process. Some of these guidelines deal with situations where the applicant has committed an offense/offenses against the particular state where the applicant was present at the time of the offense.

Here are the guidelines regarding National Security and Public Safety, that apply to your particular situation:

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; 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.
  

And also:

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, or are otherwise deemed to pose a threat to national security or public safety, you will not be considered for deferred action under this process.

Please keep in mind that in no way am I trying to lower your expectations, or give you false hopes. I am just being factual with the information that I am sharing with you, just so you have an idea of how to proceed.

According to all of the information provided (yours and mine), if USCIS decides to interpret both offenses where you were convicted as Class B/Significant Misdemeanors, the probability that they will Defer Action in your particular case is very slim or close to zero.

Just let it play out and wait for the outcome of their decision.

Hopefully, their decision is a good one and you are DACAmented.

Keep us posted about the status of your case and put yourself in the presence of God...

[Rawf 336]

Let us analyze your situation carefully and see what we can conclude...

1. You say that one of the cases was dismissed in court. I assume you were not charged, or am I mistaken? If you were not charged, that is great, and hopefully you sent the certified paperwork to USCIS proving that you were not indicted in that particular case.

Now, to the interesting stuff...

According to the State of Texas:

Class B misdemeanors are considered more serious than Class C misdemeanors and carry punishments of a fine of up to $2000, and/or a jail sentence of up to 180 days. The court may also impose a maximum of two years of community supervision (adult probation)* or three years of community supervision with an extension.

Examples of Class B misdemeanors include:

DWI (Driving while intoxicated) first offense

Harassment

Prostitution

Terroristic threat

Criminal trespass

Evading arrest on foot

False report to a police officer and false 911 calls

Child enticement

Failure to pay child support

Indecent exposure

Minor drug possession

Vandalism

You may have noticed I highlighted some words in the examples above. This is just to show you what other crimes are considered Class B Misdemeanors in TX...

Now, on to USCIS and their guidelines.

For deferred action, USCIS has established guidelines regarding the application process. Some of these guidelines deal with situations where the applicant has committed an offense/offenses against the particular state where the applicant was present at the time of the offense.

Here are the guidelines regarding National Security and Public Safety, that apply to your particular situation:

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; 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.
  

And also:

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, or are otherwise deemed to pose a threat to national security or public safety, you will not be considered for deferred action under this process.

Please keep in mind that in no way am I trying to lower your expectations, or give you false hopes. I am just being factual with the information that I am sharing with you, just so you have an idea of how to proceed.

According to all of the information provided (yours and mine), if USCIS decides to interpret both offenses where you were convicted as Class B/Significant Misdemeanors, the probability that they will Defer Action in your particular case is very slim or close to zero.

Just let it play out and wait for the outcome of their decision.

Hopefully, their decision is a good one and you are DACAmented.

Keep us posted about the status of your case and put yourself in the presence of God...

This couldn't have been explained better. I just hope you sent all the court documents as USCIS will request them in a RFE if you didn't.

Best of luck!

[JoseC 3]

Well in one of the cases( suspended driver's license) i was just fined $150 and i got 24 hours of community service, on the second case which was like 5 years later(theft) my punishment was $150 fine and 45 days in jail (21 days of labor detail or community service) and the third one(theft) was dismissed meaning that i was not charged for it.

None of them included violence, drugs,resisting arrest,fleeing from cops... the only thing that the detective wanted,was for me to tell him where did i buy the stuff from and he would have let me walk,but i was afraid that i gave him the names those guys were going to come back and mess with my family,cars, house therefore i decided not to do it and took the case.They knew i was not involved in any of that but they just wanted me to testify against the people that did it.

Before i submitted my app I did some research about the type of charges i had and in most of the places i looked it said that if your sentence was less that 90 days and it didn't involve violence or drugs it qualified. but its been so long that i just wanted to know if people with similar cases had been approved. I did send all of the court information with my application.

And yeah i understand you're not trying to crush my dream,you just giving me a bit of info and I appreciate it ....and now all i can do is wait.

[Edwin 11]

I had a case with a misdemeanor too, haven't been aproved yet, its been since nov that i went for bios, my attorney said the same thing as posted here, it depends how uscis wants to interpret the misdemeanor, as significant or not. Either way, i have set my mind that i have about a yr of probation left and then sweet home mexico with my college degree. Im not being pessimistic but realistic, whatever happens nimodo, throughout my life the doors have closed for me, but after all god opens new doors for me to walk through and for that im thankful. Yeah unfortunately some of us hit rock bottom trying to bring bread to the table for our families.

[stolenlacs 37]

I feel you in that one edwin I always prepared for the worst that way I wont be surprised but I did see case numbers right before mines getting approbed and case.numbers right after mine being approved so im thinking my misdemeanor is holding my case back so now we just have to wait and see...good luck to everyone

[Audiocrazy20 12]

I don't think misdemeanors hold your case up. I got approved today 3 weeks after bios and I have 2 driving while license suspended. I did however use a lawyer for both cases and they happened when I was 18. I'm now 27 and have had no traffic violations since then. However my case was sent to TX and they have been moving along quickly

[stolenlacs 37]

well in my case is not a traffic violation I believe it has been stated that they wont hold those against you I have a.failure to identify and I just cant help but to worry

[Audiocrazy20 12]

If you sent your court documents along with your application I'm sure you will be ok. I hope your case gets reviewed soon and approved. Good luck.

[Edwin 11]

Yeah driving without license is not considered an offense for daca. Though failure to id may be viewed as obstruction...there is a million and one things that are considered moral turpritude which will disqualify someone but dont quote me on anything

[stolenlacs 37]

Yeah driving without license is not considered an offense for daca. Though failure to id may be viewed as obstruction...there is a million and one things that are considered moral turpritude which will disqualify someone but dont quote me on anything

Well I guess i'll just have to wait and see, sometimes you do things just to try to not get in trouble and end up making a bigger mess out of things. That day i was coming from work and got stopped, I made the wrong choice to give my friends name, he actually let me go i got home and called my friend to tell her what happened and as im speaking to her the sheriff was pulling up to my house and asked to see id, i told him that i was scared to go to jail for not having a license and have them tow the only car we had (my mom was actually in new orleans at the time cleaning up after katrina) so i knew there was not gunna be anyone to bail me out, I was terrified I was going to get deported,or to even get the car if it was to be towed. spent the night in jail and got out the next day on a personal bond. I got a lawyer to reduce the charge from class a to class c and now 6 years later this wrong choice might cost me big time.

[Audiocrazy20 12]

Did you send your court dispositions along with your application? And driving without a license isn't a misdemeanor in many states but driving with a suspended license is. Even though I never had a license just a permit it was suspended because I was driving without insurance. I hope you get approved soon, we all make mistakes it shouldn't have to end up costing us the ability to move forward.

[Edwin 11]

Yeah man, we all make bad choices, we are human, its within our nature. What people cant seebin those applications is that we are genuine good people, we come here to make a positive difference, to change our people and to give a hand to those who need one. Hope all of us get accepted for this is the only land we call home. I write to this saddened in a sense because i thought my 23rd birthday would have been a different one, now im more consumed by this process than th day i lost my dearest friend.

[stolenlacs 37]

Thank you Edwin, and yess this whole thing is so draining, everyone says just be patient and wait it out but the thing is that I've never had hope and now all of the sudden things changed and I can finally see that little flicker of light at the end of this tunnel.. is so close I can ALMOST reach for it, of course im gunna obsess about it. I check EVERYDAY and will continue to do so until my case is either approved or denied. Good luck to everyone and I hope we all get a chance to finally live our lives without fear.