Comprehensive Overview of Immigration Law (COIL) Practice Exam

What is NOT true about the criminal bars to eligibility for DACA?

1. A DACA recipient cannot have been convicted of a felony

2. A DACA recipient can have two significant misdemeanors

3. Three or more misdemeanors disqualifies an applicant

4. Significant misdemeanors include domestic violence convictions

The correct answer is: A DACA recipient can have two significant misdemeanors

The assertion that a DACA recipient can have two significant misdemeanors is not true. To qualify for Deferred Action for Childhood Arrivals (DACA), applicants must adhere to specific guidelines regarding criminal history. A significant misdemeanor is defined by U.S. Citizenship and Immigration Services (USCIS) as a misdemeanor that is punishable by imprisonment of more than 90 days, or that involves certain offenses, such as domestic violence or sexual abuse. DACA applicants are disqualified if they have been convicted of a significant misdemeanor, and having two or more significant misdemeanors would therefore permanently disqualify them from receiving DACA benefits. In contrast, the other statements reflect the realities of DACA eligibility criteria. A DACA recipient indeed cannot have been convicted of a felony, which encompasses a broad range of serious offenses, while being convicted of three or more misdemeanors would also disqualify an applicant. Domestic violence convictions are categorized as significant misdemeanors, illustrating the stringent framework around criminal bars to DACA eligibility.