Driving without a DL, misdemeanors and felonies

[itzel 336]

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:

1. 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,
   
2. 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:

1. 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
   
2. 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.

[pswa83 302]

nice post. and i think what is important for people to remember that each case will be looked at one a "case by case" basis. if USCIS determines that the offense one committed as a teenager is a small one, then they will do what they think is correct in that case.

[itzel 336]

The reason I made this post is for exactly that reason, because many people think that because of mistakes they commited in their youth they are IMMEDIATELY disqualified from applying for DACA. Each case will be reviewed on a "case by case" basis. IN MY PERSONAL OPINION, if the mistakes one commited in their youth havent been repeated, like say shoplifting at 13 and youre now 26 and applying, that shouldnt affect you IN MY PERSONAL OPINION becasue you didnt do it again. Obviously, you learned your lesson.

Everyone deserves a second chance and all Im trying to do with this post is tell people not to give up soo easily. Have hope.