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DAP Forums > DREAM Act > The Lounge

Can you renew DACA with a class U misdemeanor?

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#1
01-16-2016, 08:27 PM
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We're in Wisconsin, and my cousin got busted with weed. He didn't get arrested but he got a ticket and a court date. We checked the case online and they're charging him with a class U misdemeanor charge of Possession of THC. Could he renew DACA with this on his record?
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#2
01-16-2016, 10:27 PM
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He'll have to disclose that he has this on his record now. If he is convicted, he'll have to send in the court papers when he renews. If not, then he'll still have to send papers in showing the outcome of the case.

It'll slow down his renewal; he'll have to wait longer until they come back with the decision. But it should be okay, it'll count toward the 3 significant misdemeanors
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#3
01-16-2016, 10:28 PM
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I would recommend getting an opinion from a well known reputable lawyer now. Good luck.
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#4
01-16-2016, 11:49 PM
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It's No felonies, No significant misdemeanors, 2 or less (less than 3) other misdemeanors.

From DACA's FAQ:

Q62: What offenses constitute a significant misdemeanor?
A62: For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

1) Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
2) If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

So, as long as:
1) It is not an offense listed in #1.
2) You have not been sentenced to imprisonment for 91 days or more.
3) It is not your 3rd (or subsequent) misdemeanor.

Considering that drug possession is not an offense listed in #1, and it's unlikely that he will get sent to jail for 91 days or more (he'll probably be put on probation and have to piss in a cup for a year), I'd say he's in the clear. Though he'll need to submit evidence of the arrest or being charged, and evidence of the court proceedings.
Last edited by Demise; 01-16-2016 at 11:52 PM..
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