Department of Homeland Security (DHS) issued a revised guidance on what constitutes a "significant misdemeanor" under the youth deferred action policy. The new definition states that a significant misdemeanor includes simple assaults, drug possession and other minor crimes if an individual received a sentence more than 90 days for the offense. Additionally, a suspended sentence is not considered a sentence with respect to determining if a misdemeanor qualifies as a significant misdemeanor. Since deferred action remains a discretionary process where a decision is made based on the totality of circumstances per case; criminal history is one factor that is considered but does not necessarily determine the outcome.
For more information, see USCIS's website by clicking
here. Please
contact our attorneys to to schedule a consultation and learn more about the deferred action policy program.
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