What if I have an arrest, significant misdemeanor, or I am currently detained?

Having an arrest or significant misdemeanor is definitely a sensitive area that must be evaluated on a case by case basis.  There is no specific definition of significant misdemeanor and for immigration purposes some misdemeanors are considered to be very serious regardless of the sentence. For purposes of DACA, the Department of Homeland Security (DHS), generally will not consider a minor traffic ticket, however it is nevertheless important to disclose any offences such as driving without a license. If in doubt it is always better to disclose the offense. Other offenses such as petty theft or driving under the influence may or may not be considered to be significant and will be reviewed on a case by case basis. It is important to have all arrest records and court dispositions available before filing for DACA. We also recommend obtaining a background check to find out what offences are in the State records. In California, this can be obtained through a Live Scan service.

 Please Check out our Deferred Action Blog/for details on these and other types of questions.