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DACA DWI
Has Anyone Been Approved For DACA With A DUI
Deferred Action/Dream Act (DACA) applicants or recipients should avoid driving while under the influence of alcohol or drugs. Even full citizens get into a lot of trouble for DUIs and not only face fines or jail but also other indirect consequences such as not being able to get jobs. DACA recipients or applicants may also lose DACA benefits and face discretionary denial. A trusted DACA Law Firm can better help and inform you regarding the DACA immigration laws.
Strict DACA Requirements
DACA DUI Exceptional Circumstances
The most important DACA requirement is that the applicants must not have been convicted of any felony, significant misdemeanor, or multiple misdemeanors. There should not be any reason for the government to think you are a threat to national security or public safety. The term “significant misdemeanor” means any offense that results in the imprisonment of one year or less but greater than five days.
A DUI is considered a significant misdemeanor and can result in you being denied relief under DACA. People convicted of a DUI are automatically ineligible for DACA under the DACA felony provision. Other significant misdemeanors include trafficking drugs, sexual abuse or exploitation, unlawful possession of a firearm, and burglary.
Any misdemeanor that leads to a jail sentence of 90 days or more is also included.
What You Need To Know About DUI Offenses
DACA DUI Expungement
As far as the USCIS is concerned, a DUI is still a significant offense no matter what punishment you receive. That means that your DACA application may still be denied even if your DUI conviction did not lead to a jail sentence. Most of the time plea deals are resolved through plea deals but plea deals are considered convictions for immigration purposes.
What Happens If A Conviction Was Expunged?
Can You Renew DACA With A DUI
Under DACA, there is no guarantee that an expunged conviction can benefit you. Immigration authorities have the discretionary powers to decide whether your expunged record will negatively impact your chances of getting DACA status. Their decisions are based on the specific case they are handling.
There Are People That Don’t Lose Eligibility
DACA Significant Misdemeanor
Some people with a criminal history are still eligible for DACA. An experienced immigration lawyer can explain where these exceptions apply for a DAPA or DAPA case. Individuals that have a status under DACA and are facing DUI charges must notify their lawyers about their immigration status. This is important whether you are a non-citizen seeking DACA status or you are already a DACA recipient.
People who are working on renewing their DACA status should notify their lawyer about their immigration status. No matter what situation you are in as far as DACA is concerned; notify your lawyer about any crimes, convictions, or dismissals. An attorney that is experienced in DACA issues will know just how these criminal charges and convictions can affect your DACA status.
Facing Deportation Proceedings?
DACA Recipients With Criminal Records
Do not give up when facing deportation proceedings because there are ways to get relief. Talk to an experienced immigration lawyer to review your case and create a strategy to prevent deportation. There are multiple defense strategies that your lawyer can use depending on the specific nature of your case.