Help! I’ve been arrested for a DUI and I have DACA. What’s going to happen?
Do you have DACA and have been arrested for a DUI? Call us at (619) 746-8879
Help! I’ve been arrested for a DUI and I have DACA. What’s going to happen?
You have DACA and you have been arrested for a DUI (Driving Under the Influence) in the state of California. Besides the uncomfortable situation of dealing with the law, you are probably thinking that this incident may bring you problems with your immigration status.
There are many criminal offenses that can bar you from the benefits of DACA and being arrested for a DUI is one of them. Since DACA is a relief for non-citizens and it is discretionary, any criminal record may result in a discretionary denial.
To have been granted DACA, in fact, the applicant may not have any convictions for any type of felony, even a misdemeanor, such as driving under the influence of alcohol or drugs. This is why when you already have DACA, a criminal offense like this may hurt your legal status in the United States.
Misdemeanors and DACA relief
A significant misdemeanor could result in a denial of relief under DACA and a DUI conviction is considered to be an automatic reason for denial under the Act’s felony provision.
The significant misdemeanor is defined as a local, state or federal criminal offense that also carries potential jail time that could range from five days to a year. In addition, any type of misdemeanor in which the individual received a jail sentence of 90 days or more is also defined as a significant misdemeanor.
A misdemeanor DUI conviction will be deemed a significant misdemeanor under DACA even if there is no jail sentence imposed. This is how the United States Citizenship and Immigration Services, USCIS, interprets it.
Moreover, DUIs that are resolved through plea deals will also harm DACA since plea agreements are still considered a conviction for immigration purposes.
Read more about DACA and criminal history.
Exceptions for DUI and DACA recipients
Some wonder whether an expunged conviction will disqualify DACA or not, but it is encouraged to seek it since it can benefit the individual in many ways. However, there are no guarantees it will help the DACA recipient because of the discretionary powers that immigration authorities under DACA have. The decisions will arrive on a case-by-case basis.
Nonetheless, there are also other exceptional circumstances under which a person with a criminal history may still be eligible for DACA. This is why we encourage you to contact an immigration lawyer that also practices criminal defense to revise your case and determine what possibilities lie ahead of you.
Kannan Law is ready to assist you with your immigration status since we practice both criminal defense and immigration law. If you are a DACA recipient that has been convicted of a DUI, contact us today and receive help from professional immigration attorneys in California.
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[…] this case, our client was arrested for a DUI and his DACA expiration date was rapidly approaching, which put him at risk of losing his status and getting […]
[…] 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 […]
I have received 2 conviction for dui and I have daca
I have one dui conviction and didn’t renew because I’m afraid.
How did the process go? Like, did USCIS just approve it or did you send other paperwork with the form?
How was your process ? How did you get to keep your DACA after two dui ?
Did you get the 2 convictions after or before getting approved for daca?
Sindy i got a dui 13 years ago what where the requirements? Can you give me the number of whom helped you
In what state did you get your DUI? Did you had issues renewing ?
In what state did you get the two DUI?? and how did the process go when renewing your DACA
Did you get a lawyer ???
I was convicted of a wet reckless in southern California about two years ago. I just had my daca approved, I paid the person who did my taxes and it was not messy at all.
Hello- I’m in the searching for some information. Just a couple days ago I got charge for a DUI, haven’t gone to court yet but I’m just freaking out and stressful myself out because I just reapply for my DACA. And I been reading that for DUI your daca will be deny. If can someone help me out. Thanks
Hi Marle! Please call us to (619) 746-8879 so we can help you!
No need to worry!
Unfortuantely they will just deny your renewal. Simple as that. I pleaded with letters and stuff but nope. They Just denied my renewal. No Deportation.
I got 2 dwi in my record and for that reason I missed out and didn’t apply for fear of rejection n deportation.
I went thru all the probation and chemical evaluation procedures
And haven’t gotten any other traffic violation since then.
I got 2 dwi in my record and for that reason I missed out and didn’t apply for fear of rejection n deportation.
I went thru all the probation and chemical evaluation procedures
And haven’t gotten any other traffic violation since then. Is there any circumstantial cases that have been accepted?
Hello Miguel, thank you for your comment! Please call us at (619) 746-8879 so that we can speak privately about your situation and advice you. Have a great day!
I got a DUI about a year ago worst mistake in My 😔 I need renew soon, but I’m afraid. I have three US citizen kids. Please help what can I do?
Hello Monica, thank you for your comment! Please call us at (619) 746-8879 so that we can speak privately about your situation and advice you. Have a great day!