Daca simple possession. Are DACA recipients “illegally or unlawfully” in the United States? Last year I got a ticket for speeding and simple possession. Lawyer's Assistant: I understand that you're renewing your DACA and have a question about including a dismissed simple possession charge. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. Stay informed and protect your status with our comprehensive guide. Other DACA recipients are wondering what may happen to them if they can’t or don’t renew. Jan 24, 2025 · On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. Exception for Single Offense of Simple Possession [27] The conditional bar to GMC for a controlled substance violation does not apply if the violation was for a single offense of simple possession of 30 grams or less of marijuana. Rather, it makes the exception available to an alien whose conviction was for a single offense “involving” the simple possession of 30 grams or less of marijuana. The Trump Administration has announced the “phase-out” of DACA, and within the next few weeks tens of thousands of DACA recipients must decide whether to apply for a last renewal. C. § 922 (g) (5) (A). Nov 12, 2022 · 4 - Any Possession or Purchase of Firearms People who are “illegally or unlawfully” in the United States are prohibited from purchasing, selling, possessing or handling firearms or ammunition. The substance need not be a federally defined one for this purpose, so the unspecified “controlled substance” defense may not work. When I went to court the officer dismissed a simple possession charges I was just wondering if that's something I have to include in my renewal. They are also eligible to request work authorization. I have a potential client who is a great DACA candidate except for a 2009 conviction for possession of methamphetamine. Therefore, admission to marijuana use during the statutory period will result in your naturalization application being denied. The conviction was for simple possession, possession of paraphernalia or other offense less serious than possession and not covered under federal law, or for giving away a small amount of marijuana; but the Lujan-Armendariz benefit does not apply to conviction for use or being under the influence; Trafficking in, but not simple possession of, a controlled substance, is a CIMT. He has no other criminal history, long-term stable employment, can get numerous character reference letters, and is married to a USC. The applicable statute here is a federal law - 18 U. Aug 29, 2025 · 3. Oct 24, 2024 · Learn more about deposit account control agreement (DACA) accounts, including what they are, how they work, and the potential benefits and risks. [28] Oct 24, 2012 · Furthermore, the plain language of section 237 (a) (2) (B) (i) does not limit the availability of the exception to aliens convicted of simple marijuana possession per se. S. IMMIGRATION CONSEQUENCES OF CONVICTIONS SUMMARY CHECKLIST – DACA Supplement Criminal bars relating to DACA temporary administrative status program (Updated June 16, 2017). This is an especially worrisome situation for DACA recipients who have a criminal record. Learn about the federal prohibition on gun possession, state-specific exceptions, and the risks associated with owning a firearm as a DACA recipient. Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 . Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person deportable as long as it is adequately established that the offense involved a federally-defined controlled substance. Department of Homeland Security (DHS) in 2012. Sep 10, 2024 · Specifically, this includes violation of any law on controlled substances, except for simple possession of 30g or less of marijuana. Deferred action is an exercise of prosecutorial discretion to defer removal action against an Oct 26, 2012 · In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security. Jun 29, 2025 · The immigration initiative Deferred Action for Childhood Arrivals (DACA) has been of significant congressional and public interest since it was first announced by the U. Feb 14, 2024 · Are there any risks in the client being referred to ICE if DACA renewal application is filed? Any other risks that could come up? What should we/client expect in DACA renewal? Is simple possession an inadmissibility ground? Is there anything else you would advise in these circumstances? The Trump Administration has announced the “phase-out” of DACA, and within the next few weeks tens of thousands of DACA recipients must decide whether to apply for a last renewal. It is aimed at foreign nationals who entered the United States as children and do not have a lawful immigration status (referred to as unauthorized childhood arrivals or Convicted of a controlled substance offense. Oct 18, 2025 · If the convictions resulted from the same sequence of criminal activity, though, this may count as only one misdemeanor in some cases. Apr 10, 2024 · Discover the complex laws surrounding gun ownership for DACA recipients. Traffic Offenses and DACA You will not be ineligible for DACA based on a traffic ticket, such as a simple speeding ticket or even a ticket for driving without a license. dvggm odcjf huas dmf rhlitu yhxf tesaovr jwivx ugqdp ddjuvjx