Can I qualify for Deferred Action for Childhood arrivals with an expunged DUI ?

Asked over 1 year ago - San Francisco, CA

Other than this DUI I got 7 years ago, where I just went in and pleaded no contest and was convicted , I completed all the classes and fines etc that the court required. Since that time I have received my Associates and Bachelor Degree, has anyone heard or handled a case with an expunged and been granted Deferred Action ? Your guidance is much appreciated.

Attorney answers (4)

  1. John M. Kaman


    Contributor Level 20


    Lawyers agree

    Answered . A DUI is a disqualifier. Expungement which is actually a dismissal of a conviction in CA has no affect on immigration proceedings. Your record is not erased and you will have to answer questions about your conviction.

    Can you qualify? You won't know if you don't apply and with the DUI I would hire an immigration attorney to help me.

  2. Seth Andrew Weinstein

    Contributor Level 15


    Lawyers agree

    Answered . You need to contact an immigration attorney. I think Deferred Action just became policy with ICE, so they wold be better equipped to answer your question.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. Nicholas Milan Loncar


    Contributor Level 17


    Lawyers agree

    Answered . I agree with my colleagues. This question is better suited for an immigration attorney. I've taken the liberty of editing the category. Good luck.

  4. Rodrigo Ivan Canido

    Contributor Level 12


    Lawyers agree

    Answered . With A DUI you will have a difficult time qualifying for deferred action. However, you can always try to explain the circumstances of the DUI to perhaps show how the circumstances that brought it about were not as bad as it may look (without the details). The expungment will not really help you. Remember though, there are other types of visas you may qualify for if DACA does not work for you.

    LORIC, Immigration Solutions
    (Se Habla Espanol)

    Rodrigo Ivan Canido
    Managing Attorney

    3333 Bowers Ave, Suite 130
    Santa Clara, CA 95054
    Tel: 650-279-5933

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