USCIS defines a significant misdemeanor as a federal, state, or local criminal offense that may be accompanied by imprisonment of over 90 days. The 90 days doesn’t include a suspended sentence. The crime also must involves
- assault (including domestic violence);
- sexual abuse or exploitation;
- driving under the influence of alcohol or drugs;
- obstruction of justice or bribery;
- unlawful flight from arrest, prosecution, or the scene of an accident;
- unlawful possession or use of a firearm;
- drug distribution or trafficking; or
- unlawful possession of drugs.
If you have been arrested and charged with any crime of violation, you must speak to a qualified New Jersey immigration attorney before you apply for Deferred Action or any immigration benefit.