DACA with conviction?

Has anyone here heard of any success story of DACA applicants with felony or misdemeanor conviction?

I have a state felony(lowest level of felony) conviction 10 years ago. No jail term, but probation. I am seeking advices/opinions if I should take my chance to apply for DACA?

We're not lawyers but what was the felony? What'd you do? And how didn't you get deported based off getting a felony?

I had a misdemeanor back in 2004. Got an RFE for that, but eventually got approved after I sent them records that it was stricken off.

I'd recommend what Happyman says and go get a lawyer. Just be wary of those who promise without giving an explanation why.

Felonies are tricky since USCIS hadn't clarified much about them. Lawyers will be able to tell you what your best option may be if applying for DACA.

Do you mind sharing what the state felony was? Some states have ridiculous felonies that may be overlooked by USCIS (fender-benders, traffic related; driving w/o a license, and so on)

But USCIS does look at violence-related felonies and criminals that commit heinous crimes (burglary, larceny, arson, sexual battery, etc.)

A lawyer would provide you with further insight about this and what you'll need for your case.

I agree speak with a lawyer because every state sets their requirements on what is classified as a felony. And if its something ridiculous, it might be worth taking a chance based on your attorney's suggestion. I have misdemeanor for larceny. I actually was with friends and we did something stupid and shoplifted. I have never done anything like that in my life but all it takes is one mistake. Anyways, it was a pair of $7.99 earrings. Since it was jewelry, it was classified as larceny versus shoplifting. Anyways, it was my first offense and so I was granted deferred prosecution and had the case dismissed. I was scared of applying. I was told by one attorney not to apply. And I was told by 2 others that I could apply. I sent in several judge of character letter's from people who have known me. I especially asked distinguished people to write some e.g lawyers, doctors, preacher, teacher, etc. It really helps to establish your character and explain and own up to your mistake. I was approved about 2 weeks ago after waiting almost 9 months so don't give up. But speak to a lawyer and this could help you. Good luck.

my brother filed in October 2012 and got aproved in April 2013 (Six Months). He had a misdemeanor in his criminal record but no other history, so he filed thru a lawyer who labeled and explained everything in a cover sheet, he didnt send any character letters just all his disposition papers from court wich explained that he was accused of other felonys but were all dropped and was only convicted with that one Misdemeanor A. False Government Identification (fake state drivers license), which he paid with money and jail time and did community service.

What is your Felony for? you should hire a good lawyer to see if you can have your felony dropped down to a Misdemeanor. Make sure you go to your state and have them give you your state criminal record and everything.

Get informed. I had several tickets for driving without a license, failure to report an accident, driving under revocation, etc. Got arrested went to jail and I still got approved. Go see lawyers not just one so you have multiple opinions. Best of luck

Thanks everyone for the replies.

I just want to get some understanding behind the DACA process with conviction records. Afteral we knew that the guidelines stated clearly that a felony conviction will bar a person from applying. However, based on my understanding from USCIS a felony conviction is defined with 1 year prison term or more. But my situation is a bit unique although I was convicted a felony but I was never sent to prison.

For those who curious about my felony record it was identity theft. Convicted in the state of Ohio(Im not in OH anymore), because it was my first offence I was given a probation. It is the lowest level of felony (5th degree). I also manage to pulled up my FBI background check (I think it is the same as the USCIS will get from the biometric) It didn't say the level of conviction no misdemeanor nor felony only a few simple lines of arrest records.

Very glad to hear your story. Thanks for sharing the insight of your process. I must ask you though, what is in the character letter that you speak of? Was there any mention of the mistake you made in the past?