Deferred Action for Childhood Arrivals (DACA) grants young undocumented immigrants a chance to legally work in the U.S while being protected from deportation. In order to qualify, applicants must meet a variety of criteria, which includes strict criminal history restrictions that aim to disqualify any applicants that may pose a threat to national security.
DACA Criminal History Guidelines
The United States Citizenship and Immigration Services (USCIS) outlines requirements for DACA applicants. It’s often unclear to those who have a criminal record if they qualify for deferred action. Here are four things you must know if you want to apply for DACA and have a criminal history:
1. No Felonies
DACA applicants can’t have any felony convictions on their record. A felony is a federal, state or local offense, punishable by a year or more of imprisonment. Individuals who are convicted of this grade of crime are incarcerated in a prison facility not a local or county jail. The type of crimes that qualify as a felony offense vary by state. A felony offense may include:
> Driving under the influence (DUI) of drugs or alcohol
> Distributing, selling or unlawful possession of drugs (even in small quantities)
> Fraud, theft, or burglary
> Violent offenses: domestic violence, assault, or threats
> Sexual abuse or exploitation
> Possession or unlawful use of firearm
> Obstruction of justice, bribery, hit and run, or unlawful flight from arrest or prosecution
2. No Significant Misdemeanors
To be DACA-eligible, applicants can’t have any significant misdemeanor convictions. The Department of Homeland Security (DHS) classifies a significant misdemeanor as an offense punishable by less than a year but more than five days of imprisonment. Additionally regardless of the sentence enforced, it’s a significant misdemeanor if the offense includes:
> Domestic violence
> Driving under the influence
> Sexual abuse or exploitation
> Unlawful possession or use of a firearm
> Drug distribution or trafficking
> Burglary
A crime qualifies as a significant misdemeanor even if the offense doesn’t fall under the infringements above, but if the individual was sentenced to (and served) a period of more than 90 days, not including a suspended sentence.
3. Limited Non-Significant Misdemeanors
To file for DACA, an applicant can’t have three or more non-significant misdemeanor convictions. The DHS defines a non-significant misdemeanor as an offense punishable by less than one year but greater than five days imprisonment. Additionally, the offenses can’t include any of the following:
> Domestic violence
> Driving under the influence
> Sexual abuse or exploitation
> Unlawful possession or use of a firearm
> Drug distribution or trafficking
> Burglary
The offense also qualifies as a non-significant misdemeanor if the applicant is convicted of a crime and sentenced to 90 days or less in custody. Note: Time served in ICE custody doesn’t count if it’s given by a state or local agency.
4. No Threat to National Security or Public Safety
In order to be considered eligible for DACA, applicants can’t pose a threat to national security or public safety. Factors that may indicate a risk include: gang membership, participation in criminal activities or involvement in actions that threaten the U.S.
Discover Your Options With a VISANOW-Retained Attorney
Don’t risk it—DACA applicants with any questions or issues regarding their criminal history should consult an attorney before applying. VISANOW’s retained attorneys can answer any questions you have and help you build the strongest case possible before filing your application—call (855) 960-5468 to learn more.