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Deferred disposition on DUI by Minor, do I qualify for Deferred Action for Childhood Arrivals?

Houston, TX |

I would like to know if i qualify under the deferred action because I got a DUI by Minor when I was 18, i was not arrested. On the day of my citation I was ordered to pay a fine for driving without DL and insurance but was given deferred disposition for the DUI by Minor so it would not be on my record. I have the criminal disposition paper and it says Deferred disposition... Plea: Nolo.... Judgement: Dismissed.... Will this be a problem for me? I meet all other requirements to apply for deferred action, I just want to know if the DUI would be a problem since I got deferred disposition for it.
Thank you

Attorney Answers 3


  1. Your question is not very clear, but if you have signed a criminal plea, "differed disposition" or not, I strongly suggest you talk with an immigration attorney before filing for anything. You need an attorney to look at all your paperwork. At this point no Deferred Action applications are available so this problem will come up only when USCIS will come up with a procedure and forms, after August 15.


  2. Probably not. USCIS says it considers DUI to be disqualifying significant misdemeanor.

    You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. It is hard to say.

    Get a copy of your entire criminal and police files and meet with an attorney.

    Franco Capriotti - Senior Legal Counsel - Capriotti International Law – 503-803-0055
    SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
    We are not geographically limited ==> Our licenses allow us to represent people worldwide.

    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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