Tampering With Fake Papers

[Joseboy21 0]

So I'm a pickle, last year of 2012 I've been busted with an id and social that did not belong to me. I've been in jail for a week and my parents were able to find a bond and a lawyer in a heartbeat. After my release border patrol picked me up and got me processed but not threaten to be deported. I had an interview with one the main agents and I was able to get him on my side, as a result he gave advice and immigration attorneys to view and possibly work with. The agent released me to my parents and no documents was given to me, nor papers saying that I should be summon to a court nor deportation. So I'm working with both criminal and immigration attorneys, which is expensive, my criminal attorney says that my case is looking good, for the fact I was cooperative throughout the investigation. The best outcome could be I get a class C misdemeanor. On the other hand I have immigration attorney, that I explain the situation, and accepted the case. My question is, Is there a possibility of Deferred Action could work for me?, even though im not a convicted felon or anything at the moment. My case is still pending and Im doing my part going to college and participating in Engineering club and soon a Catholic club, just keeping my nose clean. I've applied for deferred action in early November and got my biometrics in December. Has anyone gone to a similar case as I have?

[Gezinha 121]

Did your lawyers advise you to apply, or did you do it by yourself? If you are cooperating and your case is denied, there are always your lawyers taht you can go to in order to provide proof of your cooperation and school achievements and such. But remains the question...who told you to apply? Or did you do it on your own?

[Santi 353]

Hey Jose -

Sorry to hear about your situation...

Here are some things that you should keep in mind to better assist your analysis of how the arrest could have an impact on your application:

First of all, since you posted you live in Texas, let us see what Texas means by a 'Class C Misdemeanor:'

• Class C Misdemeanors
  Class C misdemeanors are considered the least serious type of criminal offense in Texas. A Class C misdemeanor conviction carries a punishment of a fine of up to $500. Community service in addition to or in place of the fine is at the judge’s discretion. A common example of a Class C misdemeanor is a traffic offense that results in a traffic ticket. Other types of Class C misdemeanor offenses include:Disorderly conduct
  Public intoxication
  Bad checks
  Simple assault
  Criminal trespass
  Gambling
  Bail jumping
  Leaving a child in a vehicle
  Petty theft such as shoplifting
  Possession of alcoholic beverage in a motor vehicle
  Driving under the influence of alcohol by a minor
  Minor in possession of alcohol
  Minor in possession of tobacco
  

This is good news for you...

Since you will be charged with a minor offense, I suggest that you get things sorted out rather quickly, and make sure that you gather all the documentation regarding your case. Chances are you will receive an RFE asking you to prove that your case was settled, the decision on your case, as well as other information.

Here are some DACA guidelines for National Security and Public Safety:

Significant Misdemeanor

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
  

Non-Significant Misdemeanor

A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it:

• 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.
  

According to your situation, your sentence would classify as a 'Non-Significant Misdemeanor' as per USCIS guidelines, and should not have a negative impact in the decision to defer action in your particular case.

However, my question is: Is this the first time you have committed a misdemeanor?

I ask, because according to USCIS guidelines...'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. '

Just some things to keep in mind...

[Rawf 336]

Since you're in contact with two attorneys, why don't you ask them for a straight forward answer?

Sorry to heard about that and I wish you the best.