“I have DACA and I was arrested for a DUI! Will I get deported?”
“I have DACA and I was arrested for a DUI! Will I get deported?”
If you have any questions related to immigration or DACA in San Diego, California, call us today at (619) 746-8879
In 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 deported. Nonetheless, at Kannan Law, we were able to help him.
What happened to our client was that he crashed his car into a ravine off the highway, and had a BAC of .16, double the legal limit. He not only needed help with his representation in his criminal case, but also expert advice on his immigration situation. He feared losing both his DACA status and being placed in removal proceedings.
As both immigration and criminal defense attorneys in San Diego, we reviewed the discovery with our client and explained the best options for him. He decided to enter a guilty plea. Through careful negotiation with the prosecutor’s office by means of a detailed mitigation packet, highlighting our client’s positive equities and explaining in detail the delicacy of his immigration situation, notwithstanding his high BAC and the fact there was a crash involved, we managed to negotiate his DUI Charge down to a “Wet Reckless,” which does not automatically disqualify a DACA applicant from receiving his/her grant of DACA from the government, as a “Wet Reckless” is not a “significant misdemeanor” for DACA purposes.
Upon resolving his DUI case, we immediately filed for his DACA renewal and included all proof of rehabilitation after his conviction, compliance with probation, and significant equities showing USCIS, United States Citizenship and Immigration Services, why he deserves a renewal of his DACA application. This included letters of support, proof of where he worked and awards he had previously received.
To our pleasant surprise, ICE officers never arrested our client and USCIS granted his DACA renewal application. He continues to be gainfully employed, supports his family, stays out of trouble, and has managed to put this mistake behind him.
If you or someone you know needs representation of both an immigration lawyer and a criminal defense attorney in San Diego, California, Kannan Law is ready to evaluate your case and help you find the best solution for it. Contact our legal team today!