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-   -   Old dui daca denied then approved (http://dreamact.info/forum/showthread.php?t=76619)

VIK 04-19-2017 11:05 PM

Old dui daca denied then approved
 
Hey guys I'm new to the forum.

I made the mistake of getting a DUI 10 years ago.
I'm super worried because a DUI is a deportation

I apply for DACA and was denied the firs time because of it.
The second time I expunged my DUI and was approved.

I never received a "Noticed to Appear" after was denied the first time.
Once I was approved the mail lost my work permit so I had to replace my EAD and had to take my biometrics again. Finally I received my EAD!

My DACA expires on May of next year. I'm just worried I might not get approve for a renewal eventhough I was accepted with an expunged DUI because of the new president or the denial of my first try with DACA will be sent to ICE some how.

DogJuiceMan 04-19-2017 11:20 PM

Re: Old dui daca denied then approved
 
Welcome. Happy to have you here!

I assume you'll be fine.

dado123 04-20-2017 01:45 AM

Re: Old dui daca denied then approved
 
https://www.ilrc.org/sites/default/f...e_advisory.pdf

If you are in Cali suggest you do this and then apply with expungement and ^^^ this relief.

How my lawyer explained this works:

Yeah, if you're successful in the motion, what would happen is that you'd be placed in the same situation as before, meaning, you would go back to day 1 and have your plea rescinded and you'd get to start over. The DA's office would have to determine whether they want to re-file or they can renegotiate terms and give you a more immigration friendly deal that would not affect your immigration status.

VIK 04-20-2017 02:50 AM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by dado123 (Post 611852)
https://www.ilrc.org/sites/default/f...e_advisory.pdf

If you are in Cali suggest you do this and then apply with expungement and ^^^ this relief.

How my lawyer explained this works:

Yeah, if you're successful in the motion, what would happen is that you'd be placed in the same situation as before, meaning, you would go back to day 1 and have your plea rescinded and you'd get to start over. The DA's office would have to determine whether they want to re-file or they can renegotiate terms and give you a more immigration friendly deal that would not affect your immigration status.

I have already applied with an Expunged DUI an was accepted.
I"m just worried about the first time I was denied DACA because my DUI was not expunged.

I read the link. I would start over with a new plea but it would also be guilty I"m assuming.

ArcFlash 04-20-2017 07:26 AM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by VIK (Post 611854)
I have already applied with an Expunged DUI an was accepted.
I"m just worried about the first time I was denied DACA because my DUI was not expunged.

I read the link. I would start over with a new plea but it would also be guilty I"m assuming.

What was your BAC?

VIK 04-20-2017 08:55 AM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by ArcFlash (Post 611858)
What was your BAC?

It was high 0.14 way over the limit.
No crashes or anything like that.

andreagb 04-20-2017 10:50 AM

Re: Old dui daca denied then approved
 
Were you part of another DACA forum? I remember reading your case/thread. I think you should apply for renewal regardless USCIS already has all your info. I really doubt they will be going after you with an expunged DUI. I've read other cases were they were denied the first time as well but approved after expunging a DUI conviction so you are not the only one. I have a friend that's renewing with two misdeamenors (filing false police report + damage to property) I will let you know how her case goes.

APinfo 04-20-2017 10:54 AM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by andreagb (Post 611870)
Were you part of another DACA forum? I remember reading your case/thread. I think you should apply for renewal regardless USCIS already has all your info. I really doubt they will be going after you with an expunged DUI. I've read other cases were they were denied the first time as well but approved after expunging a DUI conviction so you are not the only one. I have a friend that's renewing with two misdeamenors (filing false police report + damage to property) I will let you know how her case goes.

Think you misunderstood OP. They already have DACA post expungement of the DUI, they're just worried about their next renewal.

As long as no new crimes have happened since the approval, OP you're fine.

dado123 04-20-2017 03:38 PM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by VIK (Post 611854)
I have already applied with an Expunged DUI an was accepted.
I"m just worried about the first time I was denied DACA because my DUI was not expunged.

I read the link. I would start over with a new plea but it would also be guilty I"m assuming.

the new relief in my interpretation should allow you not be plea guilty, and you will have a new sentencing if you will that does not impact immigration adjustment, the whole point of the relief is for you not to plea guilty of a dui.

VIK 04-20-2017 04:17 PM

Re: Old dui daca denied then approved
 
Quote:

Originally Posted by dado123 (Post 611884)
the new relief in my interpretation should allow you not be plea guilty, and you will have a new sentencing if you will that does not impact immigration adjustment, the whole point of the relief is for you not to plea guilty of a dui.

I'll talk to an attorney about that. Thank You!


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