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DACA Field Report

Information for DACA Applicants with Criminal Offenses

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The Immigrant Legal Resource Center has released various documents that provide information for DACA applicants (and their attorneys) who have criminal offenses. USCIS states that "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 [...] you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances." 


Due to the creation of this new classification, "significant misdemeanor offense", many questions have risen among applicants who might have infractions that might or might not disqualify them for deferred action. The following documents provide background information, definitions, and various defense strategies that can help maintain the possible eligibility of deferred action applicants:


1. Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals


2. Chart: Understanding the Criminal Bars to the Deferred Action for Childhood Arrivals


3. Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama


 

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