What If You've Been Convicted Of A Crime?
If you've been convicted of a crime, speak to an attorney for help and guidance ASAP. Although some misdemeanors may not affect your petition, you need to know that any involvement with the judicial system may make USCIS consider your application more carefully and therefor is more likely to lead to a denial.
There are certain bars to deferred action, including any felony conviction, a significant misdemeanor or three non-significant misdemeanors.
Significant misdemeanors include:
- Domestic violence
- Sexual abuse
- Sexual exploitation
- Unlawful possession of a firearm
- Unlawful use of a firearm
- Drug distribution
- Drug trafficking
- Driving under the influence of alcohol or drugs (and in Texas, your third or subsequent offense with DWI is a felony anyway, which precludes you from being eligible to apply for DACA)
USCIS can deny applications for discretionary reasons, as well. If the official in charge of your case finds that you're a threat to public safety (such as when you're involved in a gang or participate in criminal activities) or you're a threat to national security, your application can and in many instances will be denied.