Letter of Termination - Page 9

Yeah just because DACa ended ( DACa will not end March 5th because trump already ended it Oct 5th media needs get this )


Doesn't current DACa holders are terminated. But they never said about anything about not going back to people's cases and making terminational reason for stuff old admin tolerated.

Didn't someone post an article about this a while back? That USCIS was going to revisit certain cases? If you had a DUI, that might be why.

I'm surprised because my friend did his renewal this year and was accepted.

Does this mean expunged records won't be accepted for the Bridge Act ECT.

I’m surprised too.

Expunged convictions are not automatic bars to DACA. The DACA Standard Operating Procedures (SOP) Manual explains that for DACA purposes only, expunged convictions will not be treated as disqualifying felonies or misdemeanors. Note, however, that USCIS will consider the conviction and incident when it determines whether the person poses a threat to public safety, and whether, under the particular circumstances, a discretionary grant of deferred action is warranted. According to the SOP, sealed and expunged records will be evaluated according to the nature and severity of the criminal offense. These cases will be elevated for supervisory review.16 Practitioners have reported that in California and Arizona requestors with expunged DUI convictions—which USCIS otherwise categorically considers as significant misdemeanors—have been granted DACA.

https://www.adminrelief.org/download.cfm?id=272451

The letter does say why your DACA is being terminated. DACA has always been a form of Prosecutorial Discretion and they decided to end Prosecutorial Discretion (AKA Deferred Action) on your case because DUI's are on the second lists of deportation priorities for ICE.

Priority 1 (threats to national security, border security, and public safety)
Priority 2 (misdemeanants and new immigration violators)
Priority 3 (other immigration violations)

Under immigration law, expunged cases count as convictions for immigration purposes, under DACA they don't but because DACA is Prosecutorial Discretion not law it gives ICE or USCIS full power to grant it or not.

You need to LAWYER UP as soon as possible. Your case will most likely be sent to ICE and they will send you an NTA or come pick you up. You need to be careful here. If you have other family members that are undocumented at the address you provided to USCIS they need to know that ICE might show up there and be prepared. Under this administration they are checking EVERYONE and taking anybody that does not have papers.

Marriage is your best defense.

Good luck.

^This. Contact these organizations. Get married and get the lawyer.

Everyone here with expunged misdemeanors on their records need to be aware that this happened to OP. Like he said, this could happen to any of us in a similar situation.

yep Spolem is right.

and for the people on here who said they got approved for DACA with an expunged DUI under Obama, its only a matter of time when they audit your records. eventually they will send you a termination notice as well.

this administration is going back on old cases. stay woke.

Even with marriage people have been deported.
I don't know if in my case my 245i will help me.

Wow, that’s definitely scary and life changing. I’m guessing if you get kicked out of DACA it will be tough to qualify for any future legislative solutions.

OP,
So sorry to hear that! Does this affect your work? If so, have you let your employer know?