Success Story: DACA granted after Wet Reckless conviction
Success Story: DACA granted after Wet Reckless conviction
A young man called our office fearing for his life. He had DACA and had just been arrested for a DUI in San Bernardino, California. He was finishing school for his future career while working full time. Also, he was helping to support his family.
After the incident, he and his family were worried about what would happen to his immigration status.
Therefore, he hired us to help him with his situation, and we carefully evaluated his DUI case. We reviewed the reports carefully with him, identified all legal defenses, and then began working towards resolving his case in a guilty plea.
We put together a detailed mitigation packet regarding his positive equities, achievements, skills, and extensive ties to the US with a letter addressed to the prosecutor on his case arguing the immigration consequences he faced in his DUI matter.
We explained to the prosecutor that a true DUI conviction would ruin our client’s DACA status, and he would be unable to work in the US and be subject to arrest by ICE and removal. Also, we explained to the prosecutor’s office that a “Wet Reckless” conviction under California Penal Code 23103.5 would allow him to save his DACA status.
After lengthy negotiations with the prosecutor’s office, we finally obtained a Wet Reckless conviction under California Penal Code 23103.5.
Following this, we immediately filed our client’s DACA renewal. We put together a detailed packet highlighting our client’s equities and good moral character, as well as the conviction documents showing his successful outcome in criminal court. Finally, we supplemented the record with a cover letter explaining how our client, at USCIS’ discretion, should have his DACA status renewed.
Following our submission, USCIS granted our client’s DACA renewal. He has continued to be an exemplary individual in society as he is gainfully employed and has not any adverse criminal history following this case. We wish him the best.
If you need legal advice regarding your immigration status, please contact us at Kannan Law.