Significant misdemeanor or felony convictions could lead to ineligibility for the DACA program
Many adults who are in the United States without papers (undocumented immigrants) came here with their parents when they are children. The Deferred Action for Childhood Arrivals (DACA) program has allowed many of these people to remain in the United States, safe from deportation. Eligible adults, known as DREAMERS, can obtain benefits and employment authorization, and live without the constant fear of deportation.
To be eligible for DACA, an individual must meet the following criteria:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed
- Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
The last requirement for participation in the DACA program may be a major issue for many DREAMERS — particularly when there is heightened scrutiny of undocumented immigrants under the Trump administration.
For purposes of DACA, a driving under the influence conviction is considered a significant misdemeanor. This means that if a person is considered a DREAMER but then is convicted of a DUI, he or she can be deported. Similarly, if a person may otherwise be eligible for DACA, a DUI conviction can prevent them from qualifying. Other significant misdemeanors that make a person ineligible for DACA include domestic violence, sexual abuse, burglary, and drug distribution or trafficking.
Because a DUI conviction can have a life-changing impact on a person’s immigration status, it is vital to hire a skilled DUI defense lawyer Los Angeles, CA who will aggressively defend you against DUI charges. While the facts of each case are different, a skilled attorney will often be able to negotiate a reduction in charges, which may help a DREAMER avoid a conviction that will lead to deportation. Your lawyer can also work to have the charges dismissed, or fight the case at trial.
The Chambers Law Firm strongly believes that everyone accused of a DUI deserves the best possible defense. We work with our clients to help them achieve a favorable outcome, and stand by them through each step of the process. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced DUI defense lawyer Los Angeles, CA.
