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I got approved for deferred action back in november. Recently got my first dui by rear ending someone.

City Of Industry, CA |

I got approved for deferred action back in November. I am 24 years old. Recently got my first DUI by rear ending someone. It is a misdemeanor because no one got hurt. I blew a 0.16. All the DUI lawyers I have contacted told me that I am going to lose no matter what so to not bother with hiring a lawyer and just get a PD. Will my DUI affect my deferred action later? Should i get a criminal immigration lawyer?
Thanks in advance

Attorney Answers 4

  1. You have to hire a lawyer. You have it to yourself. It is not whether you lose it is how you do that will matter in immigration context later on.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. USCIS has indicated that DUI is a basis to deny DACA, so yes, it can affect your continued deferred action status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  3. You should get both a criminal defense attorney and consult in concert with an immigration attorney. The DUI will present a problem for your DACA.

  4. Hello:

    In addition to DUI, I handle some immigration matters and have had all my DACAs (Deferred Action for Early Childhood Arrivals) approved. Now as you know, a DUI would have disqualified you for DACA. Since you are approved, we have to look at "removable" offenses (i.e., violations that will get you deported).

    A DUI with no injury (you really lucked out here) is NOT a removable offense for immigration purposes. Nevertheless, you will want to fight this tooth and nail if you want to have a chance at CIR (Comprehensive Immigration Reform) if it does clear the Republican-led House of Representatives. Since the bill has not passed yet, it is impossible to know disqualifying criminal violations. But if a DUI would have disqualified you for DACA, then it's safe to assume it MAY deny you CIR.

    And even with that said, you should definitely challenge the charges. A 0.16 BAC may carry enhanced penalties in the form of a 6 or 9 month alcohol class (versus a 3 month class for a 1st DUI). Plus your insurance will go up, penalties and fees will close in around $2000, you will have a criminal record, etc. There's no good reason not to fight any DUI, if anything, a skilled DUI lawyer will look at all the DA's evidence, look for weaknesses, and perhaps negotiate some type of reduction and/or sentencing alternative.

    Best of luck to you, but I'd hire someone who knows both DUI and immigration law. Call me if you want a free consultation.

    The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.

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