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elva816

ANYBODY APPROVED WITH A MISDEMEANOR?

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Consult a lawyer

Your right she should consult a lawyer, but what I think she's really asking is if anyone has submitted an application with a misdemeanor on their record. Personally I am interested in knowing who got aproved if they had any criminal record. Or even just small offences.

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ok so i have a misdeamanor.. its for resisting arrest! i went to juvenile for a month .so im a lil bit scared they wont aproved ..anybody knows?

Personal opinion here, but I think that it depends the severity of the misdeamanor, also most of us who have submitted our DACA application have done so, because we dont feel anything in our past would make our request difficult of tricky to process.

I agree with Sinae and anyone that feels in doubt about misdemeanors and so forth should consult an attorney.

Good luck.

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Personal opinion here, but I think that it depends the severity of the misdeamanor, also most of us who have submitted our DACA application have done so, because we dont feel anything in our past would make our request difficult of tricky to process.

I agree with Sinae and anyone that feels in doubt about misdemeanors and so forth should consult an attorney.

Good luck.

but that still wasnt the question. the question was, has anyone been approved with a misdemeanor.

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Hello everyone...

I got stopped Twice without a DL... Once was at a DUI Checkpoint and the second one i got pulled over on my way to work...I had to go to court on both occations and pay a fine... I think in california driving without DL is a misdemeanor...

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but that still wasnt the question. the question was, has anyone been approved with a misdemeanor.

LOL...see how my post started with personal opinion?

I dont necesarrily have to answer the question if I dont have the answer, however one of my rights is freedom of speech, so I can give my opinion.

Thanks for pointing that out..

Hello everyone...

I got stopped Twice without a DL... Once was at a DUI Checkpoint and the second one i got pulled over on my way to work...I had to go to court on both occations and pay a fine... I think in california driving without DL is a misdemeanor...

That sounds great Rudy, since you were already approved, give everyone a general idea on the "severity" of misdemeanors.

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Hello everyone...

I got stopped Twice without a DL... Once was at a DUI Checkpoint and the second one i got pulled over on my way to work...I had to go to court on both occations and pay a fine... I think in california driving without DL is a misdemeanor...

USCIS said it won't be considering minor traffic violations like driving without a Drivers License as non-significant misdemeanors.

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My Case Driving without license is not that severe... Its actually a "relatively minor offence" but it is still considered a misdemeanor.

to Apply for DACA you cannot have more than 3 misdemeanors of the same offence....

but not sure on elva816... the best thing to do is consult a lawer...

My sister-in-law also already got approved.. and as she told me... she went to juvenile for a week...

I can't give details of her case cause i'm not 100% sure...

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I have 3 Citation for driving without a DL. My lawyer said that should NOT be a problem, since that is consider a minor traffic infraction under the USCIS eyes. even thought they will consider all you incidents in order to make a decision. All e were for driving without DL. for burned tail lights. :-( I know sucks!!!

Hope they can approve it.

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Driving without a valid drivers license is in fact a misdeamenor. However, this was posted by USCIS:

Q5: 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?

A5: 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.

----This clearly states that driving without a license should not affect you even if you were cited more than three times. On the other hand, they are also stating that they could take it into consideration depending on whether if you have had any other type of issues with the law.

---- For all other misdemeanors, I suggest you obtain your criminal records (it only takes a few hours), look up the codes, and see the severity of it. Or see whether if it passes the standards set by USCIS which say:

Q3: What offenses constitute a significant misdemeanor?

A3: 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

If you can't do this on your own, seek help.

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@jose3025: It all depends on the outcome or final disposition. "V C Section 16029 No Evidence of Financial Responsibility" (driving without insurance) is a considered a misdemeanor although it must be considered minor traffic offense if you attended court and either presented proof of financial responsibility to the judge and thus dismissed the charges or you paid the corresponding fines. On the contrary, if you did not comply with any of the above, the it could have even evolved to a felony. For DA purposes this is a minor traffic offense that will most likely not be considered as a misdeamenor.

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