What is the new Immigration Act law that deals with past crime convictions?

Yes, under the recent details released for Deferred Action, which is not a change in the law but rather a new policy, you can be found ineligible if you have a criminal history; however, it depends on how many convictions you have and the nature of those convictions as there are different categories. Given the fact that you have a criminal history, it would be beneficial for you to speak to an attorney with immigration knowledge and go through your immigration and criminal history to determine if you are eligible for Deferred Action.

You would not be eligible if you were convicted of a family offense. From your information, it does not appear that this was a felony offense or any conviction occurred. Therefore, it appears you may be eligible.

It could, depending on "exactly" what happened in your criminal. Were you charged as a juvenile or as an adult? Did you enter a plea? Were you found guilty or convicted. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your criminal case. Your also need to bring any documents you have from the criminal case. He/she would then be in a better position to analyze you case and advise you of your options.

It doesn't appear as if this conviction will prevent you from applying for deferred action. Have you been arrested any other time?

It will certainly be an issue. A lawyer would normally need to see the entire court file to evaluate it. If you were my client, I'd still file the case in hoped of getting the work permit, and in hopes of resolving or removing the arrest so it does not disqualify you.

That would depend if it was a deferred adjudication or not and whether you actually plead guilty. *Dream Act - Deferred Action* As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.