Success Story: DACA renewal granted after DUI-related arrest

Success Story: DACA renewal granted after DUI-related arrest

Our client, a longtime DACA recipient, was arrested for a DUI in Kansas in violation of KSA 8-1567(a2)(b1)(A). 

As discussed on our blog, you cannot renew DACA if you have a DUI conviction unless the case is expunged.

In this case, our client was given the opportunity to enter into a diversion agreement with the state prosecutor’s office. 

Under Kansas law, a defendant can enter a diversion agreement to suspend a criminal proceeding, and if he successfully fulfills all the terms and conditions determined by a district or county attorney, the criminal charges are dismissed with prejudice prior to a conviction. 

The terms and conditions of each diversion agreement are determined and established solely by the district or county attorney, in accordance with Kansas law. 

Here, the state prosecutor’s office filed a Journal Entry of Dismissal dismissing all criminal charges with prejudice prior to any true and formal conviction since our client successfully completed all terms of the diversion agreement. 

We prepared his DACA renewal with a cover letter arguing our client is entitled to have his DACA renewed as his successful completion of the diversion program did not constitute a conviction for immigration purposes. 

We cited case law regarding this argument and sent a mitigation packet showing the client’s positive equities. Following this, USCIS granted our DACA renewal. He was thrilled to put this mistake behind him and be able to continue working in the US.

If you are a DACA recipient and need help with your immigration status, contact us at Kannan Law, where we practice immigration law in San Diego, California.