More details to this question:
I got charged with second degree assault but made me a deal for f6 when I was 15 years old. I got 18 months of probation. I terminated everything, paid all fines. Has there been any similar cases of anybody applying for DACA? I'm now 18 thinking about applying but afraid of deportation. I got a letter in the mail saying the case was dismissed signed by my probation officer and the judge and it was juvenile adjudication. I'm not sure what that is?
2 ANSWERS
Adebola O. Asekun
Honestly, you need to speak to an immigration attorney before you file for DACA. Here is why, even if you are otherwise qualified for DACA, your criminal past may be a bar to getting DACA which denies relief if you have been convicted of (a) One felony (b) Three or more misdemeanors) or (c) any offense that is a significant misdemeanor. A second degree assault strikes me as a felony or at least a significant misdemeanor, if you had 18 months probation. I hasten to correct your view that your case was dismissed. It does not if the court imposed 18 months probation. Next, even if you had juvenile disposition, DHS would nonetheless count it as a negative discretionary factor. I am therefore going to suggest that you should consult with an experienced immigration lawyer before you file anything.
Answered on Apr 16th, 2013 at 1:19 AM
1 Award
Yes, it is possible they will still approve you. USCIS examines offenses committed by a minor on a "case-by-case" basis. An assault charge, however, is a more serious allegation. You want to hire an immigration attorney to help you put the charge in the best possible light.
Answered on Apr 15th, 2013 at 10:09 PM