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DAP Forums > DREAM Act > The Lounge

Misdemeanor turned infraction - Page 2

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#11
08-19-2012, 09:06 PM
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gmac
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I really wanted to apply on my own for daca but I guess that's out the question now I must hire an immigration attorney to handle my application. I think I do qualify since i was never arrested just given a citation by the school police
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#12
08-19-2012, 11:41 PM
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jrpallares
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Why dont you go find the disposition of the case? It doesnt take long and you will probably need to anyway if you get a lawyer.
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#13
08-20-2012, 10:17 AM
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gmac
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I'm going to court later today to get my disposition.. Does anyone know if there's a time limit for obtaining it?, seeing as how its been 9 years since I got that ticket...
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#14
08-20-2012, 06:28 PM
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jrpallares
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No I don't think so. Just go do it
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#15
08-20-2012, 07:46 PM
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mawohe
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I'm in a similar situation. When I was 16, I got pulled over without a license and marijuana in the car. I never went to court or got booked and I can't remember getting a "citation" or anything from that night. I took my ass to the police records center today to do my own background check but I was told that juvenile records are not released (not even to me!). So the background check has a stamp that says "NO ADULT RECORD OF CRIMINAL CONVICTIONS." I said look even if its a sealed record I just need to know if something is coming up she said she sees a police/incident report from that night that lists me and another person as the offenders. I asked her if I was cited or charged or anything but she said she can't tell because she can't access it. So tomorrow I'm going to juvenile court to see if they can be of more help. I just want to know for sure if I was charged or not so I can provide an accurate answer on the application. I don't want to needlessly say yes and make myself look bad unless I really have to.

USCIS claims it won't automatically disqualify us though.
Quote:
Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?
Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process."
but since this is drug related idk if its different.

btw do a quick "marijuana possession" search and you can see what they have decided in other cases.
http://search.uscis.gov/search?utf8=...&commit=Search
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#16
08-21-2012, 12:01 AM
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jrpallares
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Quote:
Originally Posted by mawohe View Post
I'm in a similar situation. When I was 16, I got pulled over without a license and marijuana in the car. I never went to court or got booked and I can't remember getting a "citation" or anything from that night. I took my ass to the police records center today to do my own background check but I was told that juvenile records are not released (not even to me!). So the background check has a stamp that says "NO ADULT RECORD OF CRIMINAL CONVICTIONS." I said look even if its a sealed record I just need to know if something is coming up she said she sees a police/incident report from that night that lists me and another person as the offenders. I asked her if I was cited or charged or anything but she said she can't tell because she can't access it. So tomorrow I'm going to juvenile court to see if they can be of more help. I just want to know for sure if I was charged or not so I can provide an accurate answer on the application. I don't want to needlessly say yes and make myself look bad unless I really have to.

USCIS claims it won't automatically disqualify us though.


but since this is drug related idk if its different.

btw do a quick "marijuana possession" search and you can see what they have decided in other cases.
http://search.uscis.gov/search?utf8=...&commit=Search
Similar sit here but for petty theft. I really want to answer NO for that question after speaking with a lot of different people. Most have said that there won't be a problem and I can answer NO to that question. I'm really weary of them finding something, though.

Do y'all think I can answer NO to that question and provide an explanation as to why? Or should I just answer YES. I don't want any delay and I honestly think I can answer NO, but I am afraid I'll get denied if ANYTHING comes up even though I wasn't actually arrested or charged.
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#17
08-21-2012, 12:04 AM
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Feenmi
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Quote:
Originally Posted by jrpallares View Post
Similar sit here but for petty theft. I really want to answer NO for that question after speaking with a lot of different people. Most have said that there won't be a problem and I can answer NO to that question. I'm really weary of them finding something, though.

Do y'all think I can answer NO to that question and provide an explanation as to why? Or should I just answer YES. I don't want any delay and I honestly think I can answer NO, but I am afraid I'll get denied if ANYTHING comes up even though I wasn't actually arrested or charged.
were the police involved in your incident?
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#18
08-21-2012, 12:13 AM
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jrpallares
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Yes. From what I understand, the police cited me, assigned me community service, I did the community service and that was that. I found no court record of it, no arrest/citation record. The only record is that from probation for the community service, though I had to do some digging for it. According to the DA's office, the incident was treated informally and no charges were ever filed. The only thing is I'm not sure if I was arrested since I wasn't taken into custody. Everything was done at the store where it happened.
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#19
08-21-2012, 01:41 AM
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mawohe
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the question reads have you ever been arrested for, charged with, or convicted of a felony or misdemeanor in the US?

you haven't been arrested, what you need to make sure of is whether you were charged or not. And does petty theft even count as a misdemeanor? I highly doubt it. I want to say answer NO but obvi I'm no expert.

With me is different in that 1) idk if I was charged or not but if I was possession is probably a misdemeanor 2) in the "fine" italics print it says not to include traffic violations UNLESS it was alcohol or drug related so I feel like I have to include it.... ughh

btw I already had an appt with a lawyer tomorrow and so I'll keep you posted as to what his advice is. I'm pretty sure he's going to be like just be honest though

check this out too: http://www.usimmigrationlawyers.com/...iminal-records
Last edited by mawohe; 08-21-2012 at 01:43 AM..
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#20
08-21-2012, 05:25 AM
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Roman
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Actually I don't think petty theft falls under a significant misdemeanor anymore
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