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What is considered a non-significant misdemeanor?

On Behalf of | May 23, 2022 | Deporation and Removal

Immigrants situated in Florida should know the laws in the country. Certain offenses are considered non-significant misdemeanors. These offenses might compromise immigration status.

What is a non-significant misdemeanor?

A non-significant misdemeanor is a misdemeanor offense that is considered minor but can carry a prison term of under one year but more than five days. Non-significant misdemeanors may not result in an immigrant or DACA recipient being deported from the United States. However, if a person has three or more non-significant misdemeanors on their record, it could add up against them and jeopardize their chances of remaining in the country.

What are some examples of non-significant misdemeanors?

A person who has a non-significant misdemeanor record is not automatically disqualified from seeking citizenship in the U.S. However, it’s important to understand what types of offenses fall under this category. Many traffic violations are considered non-significant misdemeanors. However, there are exceptions. For instance, if a person drives without a valid driver’s license, that would not be considered a non-significant misdemeanor.

Further examples of non-significant misdemeanors include the following:

• Disorderly conduct

• Possession of drug paraphernalia

• Public intoxication

• Trespassing

If a person receives a jail or prison sentence that lasts longer than 90 days, it could be considered a significant misdemeanor. This could potentially cause the individual to face challenges to their immigration status.

What misdemeanors are disqualifying?

A significant misdemeanor is an offense that is more serious and carries a longer jail or prison term. These are crimes that could result in a person being deported and include the following:

• Burglary

• Domestic violence

• Driving under the influence

• Drug distribution or drug trafficking

• Sexual abuse, assault or exploitation

A non-significant misdemeanor might not compromise your status remaining in the U.S. However, it’s wise to get the help of a professional to assess your situation.