Those Qualified For Daca With An Expunged Dui

[alex007 1]

Hi everyone,

I got my RFE and they are asking for evidence of my presence from 2007 to 2012. They didn't mention anything related to my expunge dui. I did send certified copies of my dui arrest and expungement with my renewal application back in March 2017. Ill keep you guys posted. 

[Vic 0]

Keep us updated, I haven’t submitted my paperwork yet. Have an appointment with my attorney on Monday and I’ll be taking all the paperwork 

[ViK 7]

I would like to let everyone know my DACA was terminated out of the blue last year.

 

It did not explain if it was for my Expunged DUI or not.

I had previously file for the DACA when it first came out but was denied because my DUI was not expunged. The second time I applied I expunged my DUI and was accepted!

I'm applying once again because the USCIS memo allows anyone who's DACA was terminated to apply.

[Vic 0]

How did they terminate you? Did they sent you a letter? I sent the paperwork they requested just got a notification they got it. Time to wait for a response. May attorney was surprised that they were asking for the full package again. 

[Vic 0]

I just got a notification that my work permit has been approved and card is being processed, daca permit still pending 

[alex007 1]

Congrats Vic, 

I just got my notification that my Daca was approved and my work permit was order and in processed. I waited a full year to get a response but well worth it. Thank you everyone for the support and sharing your experiences.

 

 

[Vic 0]

Congratulations Alex.. well worth the wait. Time to breathe... I just got a call from my congress rep asking me if I got the notifications and to congratulate me. I feel awesome right now 

[lori 1]

Congratulations guys I have a hope to get approve too. I am just a little annoyed, my lawyer has not send my paper work. But I have till May 11, 2018. Wish me luck guys.

 

[Eddy0114 0]

Hello everyone,

I could really use some help with my current situation. 

The quick version, I got a DWI almost 3 years ago and I’m still fighting my case. My DACA expired 2 years ago and I’m losing my patience with how long this case is going. I am a recent Civil Engineering graduate and this is really holding me back. I have no prior arrest or misdemeanor of any sort and never been in trouble with law enforcement. I have court on May 15 but I’m not entirely sure if this will be when it gets settled. 

Well my questions to anyone who can give me some advice is this, with my pending DWI should I renew my DACA or since my charge is pending would that discualify me? I have contemplated sending my paper work but I’m unsure of the outcome.

If anyone can help me in any way I’ll greatly appreciate your feedback.

Thanks

[alex007 1]

Eddy,

I understand how you feel.  From my experience, one of the lawyers I spoke with stated there is possibility to be renewing while your charges are pending. However if you send your renewal in now there's not guarantee it will be reviewed any time soon and if you get charge with the dui while your application is in review they can deny you.  If your DACA has expired for longer than 6 months you have to renew as if it is an initial request. 

I advise you to consult with a experience lawyer or wait to see the outcome of your case. In my case I got charged with a misdemeanor dui. Did everything asked by the court (paid fees and dui classes) waited 2 years of my 3 year probation and request an early probation termination which was granted and than file for my expungement. 

[Eddy0114 0]

Thanks Alex! 

Not what I wanted to hear but I expected I would have to wait for my case to be settled. Just thought someone would have had a similar experience. I have tried to talk to lawyers but they are hounds lol very expensive even to just ask questions and with paying a attorney for my DWI I’m in no position to give out money lol. 

Thanks again Alex! You gave me something else to consider before I make up my mind. 

[Vic 0]

I had the same process, I went to jury trial on my case and was found guilty. I just waited paid my classes and the fees after a year and a half I applied for early termination of probation and like you I didn’t have any other problems with the law they granted it, right after I applied for expungement and was granted. My immigration attorney told me that I should of pleaded guilty and finish everything sooner so that not too much time passes since daca expiration but I was scared that was gonna affect me so I went all out fighting it. The good thing about expungement is that they actually change the guilty pleas into NOT GUILTY which is the must for immigration., if I were you I would try to finish you case as soon as possible and expunge as soon as you’re elegible. When they do the fingerprints it’s gonna come out and I wouldn’t want to risk it. There’s too much at stake. 

[Eddy0114 0]

Thanks Vic! This whole process sucks and takes too long to settle. Well I’ve googled expungements in Texas and aparantly they don’t expunge DWI in Texas if convicted which is not good news for me, but I’ll talk to an attorney to see if that is true or if I have other options. Thanks again for taking the time to help me. 

[ViK 7]

On 3/1/2018 at 7:04 PM, Vic said:

How did they terminate you? Did they sent you a letter? I sent the paperwork they requested just got a notification they got it. Time to wait for a response. May attorney was surprised that they were asking for the full package again. 

I received a text then I received the letter of termination.

I contacted ACLU they just want a case against the current administration.

I"m just waiting to see if I qualify and receive my DACA once again for 60 days so I can do a renewal.

[Vic 0]

Wow, just saw the post, that’s awesome.. hopefully you get your daca back. I was waiting for my work permit and was getting worried because I got all the other paperwork from them but that and today I got a call from my attorney that they got it there, for some reason they sent it to her. 

[DreamDream 0]

Hello Everyone,

First, sorry for bumping this thread but I am in a situation where I’m not quite sure how to go forward. 

I am currently residing in NY where expungement is not an option. I’ve made a mistake in 2016 by receiving a DUI pleading guilty to DWAI. I’ve completed all the necessary classes and paid all the fines. My current EAD expires in September 2018 and I’ve submitted a renewal application via the immigration attorney. Few days ago, I’ve received two letters from USCIS asking me to call them to verify my demographic information. I’m afraid to verify any information as I feel like they will come pick me up. Could you guys kindly advise on how I should go forward with this situation? 

Thank you all in advance!

[Min 0]

On 3/26/2018 at 11:40 PM, ViK said:

I received a text then I received the letter of termination.

I contacted ACLU they just want a case against the current administration.

I"m just waiting to see if I qualify and receive my DACA once again for 60 days so I can do a renewal.

Were you able to get it approved for renewal again? 

I am currently going through the similar as well. My original DACA expired back in 2014 and I tried renewing, but was denied due to DUI. So, I just recently got my DUI expunged and trying to reapply for DACA again, but not as a "renewal" but as an "initial applicant" since my original expired more than 2 years ago.

After reading your thread previously that you were able to get approved after DUI expungement, it gave me hope! I reached out to few lawyers and they were sure that I was going to get denied again so I was hesitant.

I'm not sure if I should answer "Yes" or "No" for the question asking if I have EVER been arrested for, charged with any significant misdemeanor..

Any help please?

[Justlee 0]

I send you a msg

I want to know how your case is going!!!

[Itzel1994 0]

So I’m sitting here at 2:30am reading this whole thread because I’ve been wanting to Renew my DACA but I got a DUI back in Sept. 2014, while be on DACA. After it expired in April 2016 I did not renew and have been living without it but now that I graduate college and plan to study in Higher education it’s very hard without DACA. But now I’m motivate to get it expunged and reapply. Any tips ???? 

[Min 0]

I filed my DACA application back in June 15th and I just received a notification from USCIS stating that they have received my application.

Will update more shortly.

 

June 15th - Filed DACA as "new applicant"

June 30th - USCIS notified they received application

[Mydream 2]

I sent my renewal back in March. I've done my bios. It's been 3 months and nothing. Others with clean records are getting approve really quick. I expire in Dec. i am hoping to get approved soon. 

 

Has as anyone else with an expunged DUI been approved since the court injunction? 

[Min 0]

On 7/1/2018 at 9:49 AM, Min said:

I filed my DACA application back in June 15th and I just received a notification from USCIS stating that they have received my application.

Will update more shortly.

 

June 15th - Filed DACA as "new applicant"

June 30th - USCIS notified they received application

Here is my current update so far:

June 15th - Filed DACA as "new applicant"

June 30th - USCIS notified they received application

July 15th - Biometrics Appt

 

I still have not heard of any updates since the biometrics appt.

Will update shortly as soon as I hear back.

[Alby 1]

I got a DUI and expunged it. I was able to renew my DACA.

[Min 0]

16 hours ago, Alby said:

I got a DUI and expunged it. I was able to renew my DACA.

UPDATE:

June 15th - Filed DACA as "new applicant"

June 30th - USCIS notified they received application

July 15th - Biometrics Appt

Aug 10th - Received Intent to Deny letter in mail due to previous DUI (even though it was expunged) - I am planning on appealing the Intent to Deny decision... (fingers crossed)

 

Alby - Did USCIS accept your renewal right away? or did you have to go through the appeal process for Intent to deny?

Thank you for your input...

[Alby 1]

On 8/15/2018 at 12:05 PM, Min said:

UPDATE:

June 15th - Filed DACA as "new applicant"

June 30th - USCIS notified they received application

July 15th - Biometrics Appt

Aug 10th - Received Intent to Deny letter in mail due to previous DUI (even though it was expunged) - I am planning on appealing the Intent to Deny decision... (fingers crossed)

 

Alby - Did USCIS accept your renewal right away? or did you have to go through the appeal process for Intent to deny?

Thank you for your input...

What state did you expunge in? I’m in California. I never got an intent to deny. I showed the court minutes where it shows NOT GUILTY PLEA ENTERED.   Get the minutes from the court. Make sure it says NOT GUILTY PLEA at the end of the file. Say on page XX, it shows that my arrest for DUI was a result of NOT GUILTY, NOT CONVICTED.