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Deferred Action and DUI

Fairfax, VA |

I meet all requirements for the deferred action. However, in December 2011, I was arrested for DUI in Virginia. And in March 2012, I pleaded guilty and sentenced to 30 days but suspended. I was also sent to complete the VASAP, and I have completed it. My question is if there any way that I can appeal my DUI, so I can be eligible to the deferred action? Thank you.

Attorney Answers 4

Posted

1 DUII shouldn't be a problem ... but, you should meet with BOTH a criminal defense and Immigration lawyers.

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Franco Capriotti - Senior Immigration Counsel
CAPRIOTTI INTERNATIONAL LAW
franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
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IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Posted

A DUI conviction disqualifies you from getting deferred action. Maybe, you could get the conviction expunged after a certain amount of time.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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4 comments

James Stanton Abrenio

James Stanton Abrenio

Posted

Carl, unfortunately Virginia is very difficult when it comes to expungements. A conviction cannot be expunged in Virginia - ever.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Thank you, James!

James Stanton Abrenio

James Stanton Abrenio

Posted

No worries...If LA is more liberal, I want to come out that way!

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Way more. See section 1203.4 California Penal Code.

Posted

Per the most recent guidelines issued by USCIS a DUI will disqualify you from eligibility for deferred action.

Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.

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Posted

DUI will disqualify you from deferred action, but USCIS does reserve the right to review the "totality of the circumstances" as follows:

Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances.

I would seek an immigration attorney to determine what the best course of action for you in your particular circumstances.

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