Can a DUI conviction affect my DACA status and lead to deportation?
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This is another success story and a client of ours who was a DACA recipient and a hardworking individual but he almost lost his immigration status because of a small but significant mistake, which was being arrested and charged with a DUI. It was a regretful situation because a misdemeanor DUI conviction will be deemed a significant misdemeanor under DACA even if there is no jail sentence imposed.
Our client pleaded guilty in court and a little while after he filed a motion for early termination of probation and requested the judgement to be set aside, also known as an expungement. The judge granted the two requests and he then filed to renew his DACA. However, he received a Notice of Intent to Deny (NOID) that due to his prior DUI conviction, USCIS (United States Citizenship and Immigration Status) was going to terminate his DACA status.
He came to our law firm crushed, worried and most of all, scared for his future in the US, thinking that he may be deported and he only had 33 days to respond to the NOID.
A true DUI conviction is deemed a “significant misdemeanor” under DACA regulations, as we mentioned above, nonetheless, in the event that the DACA applicant manages to have the DUI expunged, that could count as a favorable factor for USCIS to not flat out deny the DACA application.
Therefore, we provided proof of the expungement, plenty of evidence showing our client’s good moral character and hardworking history in the US. We also supplemented the record with legal arguments as to why our client, in the interest of USCIS’ discretion, should have his DACA renewal approved, notwithstanding his prior conviction.
We celebrated the good news that USCIS received our request and within weeks, GRANTED our client’s application. He then received his work permit and after having learned his lesson, has continued to be a productive hardworking member of society.
If you or someone you know needs representation of both an immigration lawyer and a criminal defense attorney in San Diego, California, you can count on Kannan Law to evaluate your case and help you find the best solution for it. Contact our legal team today!