Deferred Action and DUI

Asked almost 2 years ago - 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)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

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

    ___________________________________________________________
    Franco Capriotti - Senior Immigration Counsel
    CAPRIOTTI INTERNATIONAL LAW
    franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
    SKYPE MULTI-PARTY VIDEO AVAILABLE
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    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more
  3. Javier E Morales

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  4. Alan Douglas Dobson

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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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