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DAP Forums > DREAM Act > The Lounge

Has Anyone with a DWI/DUI applied?

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#1
09-20-2012, 09:23 PM
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calypto
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or someone you know?

Please any information would be a big help.
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#2
09-20-2012, 09:25 PM
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I believe these are inexcusable by USCIS. Correct?
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#3
09-20-2012, 09:27 PM
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Quote:
Originally Posted by NotAPro View Post
I believe these are inexcusable by USCIS. Correct?
Correct,

"A minor traffic offense will not be considered a misdemeanor for purposes of this process, but it is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed."

Under "National Security and Public Safety Guidelines"
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Application by: Myself | Packet finished: 8/20/2012 | Sent: 8/22/2012 to Chicago
Delivered: 8/23/2012 at 12pm
G1145 Notification (Nebraska): 8/28/2012 at 7:48pm | I-797: 8/30/2012|
Biometrics: (DONE) 9/25/2012
RFE:11/05/12
Approved: 12/05/12| SSN Received: 12/15/12
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#4
09-20-2012, 09:28 PM
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goobie_pls
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Quote:
Originally Posted by NotAPro View Post
I believe these are inexcusable by USCIS. Correct?
Correct.

Q3: What offenses constitute a significant misdemeanor?
A3: For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
  • Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
  • If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.
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#5
09-20-2012, 09:29 PM
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I sure hope not.
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Original: *Delivered: 08/15/2012. *Biometrics : 9/20/12. *Approval Date: 10/17/12. *EAD Received: 10/20/12. *Social: 10/26/12.*Drivers License: 10/29/12.

3rd Renewal: *Shipped: 01/15/18. *Delivered: 1/17/18. *Acceptance: 01/19/18. *Biometrics: 1/20/18. *Appointment: 02/08/18. *Expiration: 09/18.
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#6
09-20-2012, 09:35 PM
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Quote:
Originally Posted by MadMan View Post
I sure hope not.
I should edit my response.
Because while it's not inexcusable, it appears to be VERY frowned upon, so you better of have been kidnapped and forced into the car by baby/kitten killers and forced to drive.

IMO.
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#7
09-20-2012, 09:45 PM
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Quote:
Originally Posted by NotAPro View Post
I should edit my response.
Because while it's not inexcusable, it appears to be VERY frowned upon, so you better of have been kidnapped and forced into the car by baby/kitten killers and forced to drive.

IMO.
Indeed. If you live in Arizona, you could say that Arpaio and Brewer kidnapped you against your will and forced you into a old van, and made you drink and drive at gunpoint.
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Original: *Delivered: 08/15/2012. *Biometrics : 9/20/12. *Approval Date: 10/17/12. *EAD Received: 10/20/12. *Social: 10/26/12.*Drivers License: 10/29/12.

3rd Renewal: *Shipped: 01/15/18. *Delivered: 1/17/18. *Acceptance: 01/19/18. *Biometrics: 1/20/18. *Appointment: 02/08/18. *Expiration: 09/18.
Last edited by MadMan; 09-20-2012 at 09:49 PM..
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#8
09-20-2012, 10:19 PM
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calypto
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Its in regards to my brother, who has not applied because of this. However, i have read that a very good attorney could get rid of the record just for immigration purposes if a prosecutor would be willing.
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#9
09-20-2012, 10:25 PM
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goobie_pls
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Quote:
Originally Posted by calypto View Post
Its in regards to my brother, who has not applied because of this. However, i have read that a very good attorney could get rid of the record just for immigration purposes if a prosecutor would be willing.
Unfortunately, USCIS requires proofs of expungement so they are still going to know he committed that shit.
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#10
09-20-2012, 10:33 PM
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Lulu_derek1
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He is not qualified for this! :'( ... I also feel so sad for my brother we came the same year the only proof he has is the birth of his son in sept 2007 and he has no record of being here in 2008, 2009, 2010, 2011 he worked but got paid cash! For 2012 he started a job he got paid with checks! He began his GED classes in August (since he didn't graduated from hs)he went to get the matricula in July! And he has about 5 or more traffic tickets which he paid! So what u guys think of his change of getting approved?
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California service center Application sent: 09/07/2012Arrival date:Acceptance letter: 09/15/2012
Biometrics completed: 10/12/2012 Riverside
APPROVED:11/06/2012 Applied for SSN:11/13/2012
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