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 DUI and has been granted Deferred Action ? Your guidance is much appreciated.

Attorney answers (3)

  1. Nicholas Milan Loncar

    Pro

    Contributor Level 17

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    Answered . I've added immigration as a practice area for this question. I hope that helps you find the information you're looking for.

  2. Kevin Michael Crabtree

    Contributor Level 11

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    Answered . USICS stated in their DACA announcement that, in general a DUI will automatically bar someone. However, if the conviction has been expunged they will look at the conviction on a case-by-case basis. Assuming this is your only criminal conviction, and you have no history of being accused of immigration fraud, I would encourage you to at least try. USCIS is not placing people in removal proceedings unless they meet a certain profile--even if the application is denied--and you would not fit that profile. To win the application, however, you would have to be extremely persuasive. You would want to provide a lot of information about your character and good works. Statements from people should specifically address their first hand knowledge of your drinking habits and whether you drink and drive. You should probably hire an attorney.

  3. Michael J Silveira

    Pro

    Contributor Level 13

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    Lawyer agrees

    Answered . Please contact an immigration attorney.

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