DWI-help

A family friend was recently arrested for DWI, days before he went for fingerprints for renewal. He received a letter where USCIS requests paperwork on what exactly he was charged with and when or what was the outcome of his court hearing. This before they can continue to process his renewal. 1)has anyone gone thru something similar and what was the outcome? 2)is he royally fucked and will more than likely loose his status and make his a target for deportation? 3)is there any way this goes right for him???
No judgment please, only helpful advice. Thank you.

What was the outcome of the arrest, or is that still on-going?

If he gets convicted for a felony or misdemeanor, then it's pretty much over. Best to avoid contact with USCIS if that is the case.

I would get a good lawyer ASAP. I think DACAers with DUIs have gotten off before, even gotten their records expunged, but that would depend on a lot of things, of course.

BTW, what is the difference between DUI and DWI? I've seen both terms used.

If it was due to alcohol or intoxication because of illegal drugs then it is pretty much over unfortunately for your friend.

People do make mistakes but unfortunately with DACA one mistake is all it takes to screw yourself over.

On the bright side, he is still alive and he did not injured anyone, he could be looking at jail time if an accident had happened. So it is good to look at the positives of the situation.

Get a lawyer, and a good one!

He was arrested and the document filed with the county says charged with DWI, spent 1 night in jail and bail out. It’s been over a month and a court date still hasn’t been set, so we really don’t know where his case is going. I told him he needed a lawyer but at the moment he’s in between jobs and can’t afford one. I just feel bad for him, he’s had it rough his entire life , I hate for this to be the end of him. Just wanted to see what our options were and possible outcomes.

Having a rough life doesn't justify him drinking and driving. With out an outcome, its really hard to give you any real advice than to get a lawyer (I think you knew this hence why you decided to come and ask us). People with DWIS have gotten DACA, there is a user here name Vik something whose DACA was revoke with NO explanation why and he got ACLU to get it back (also due to a recent federal judge ruling that said USCIS cannot end DACA cases with out a justification). So, with out an outcome, not even USCIS will know what to do.

I got a DUI and my DACA renewal was denied because USCIS wanted to see the court disposition. So, I had to do classes, paid fines and complete probation. Then, I was able to expunge my DUI and change my guilty plea to a not guilty plea. After all this, I submitted my not guilty case disposition to USCIS and was approved for DACA.

Your friend won’t be able to renew until his whole case sorts out. If he is able to expunge it, he might have a chance IF DACA is still available. My whole ordeal lasted about two years with no DACA. Also, you have to check if your states expunged DUI. I am in California, so I was lucky to expunge. Someone here from New Jersey was not able to expunge. If his state does not expunge then he is royally screwed.

Vik was eventually approved because his DUI was a misdemeanor

Thats why DACAs shouldnt be breaking the law

My understanding is that a misdemeanor from a DUI will make you ineligible as well, as it classifies as a significant misdemeanor.