To qualify for deferred action, an individual cannot be convicted of a felony, a significant misdemeanor or THREE “non-significant” misdemeanors.
USCIS recently released some guidance as to what will be considered a significant versus a “non-significant” misdemeanor.
Significant misdemeanors include, but are not limited to:
- Domestic violence
- Sexual abuse or exploitation
- Unlawful possession or use of a fire arm
- Drug distribution or trafficking
Even if an individual is convicted of a charge other than those listed above, if they are sentenced to 90 or more days in custody, that conviction will be considered as a significant misdemeanor.
A NON-significant misdemeanor is an offense which someone has been sentenced to 90 days or less in custody. Driving without a license is a non-significant misdemeanor.
The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.