Question: Can I renew my DACA if I received a DUI conviction?
Ernesto Rodriguez Ernesto Rodriguez

Question: Can I renew my DACA if I received a DUI conviction?

A conviction for a DUI does disqualify a DACA recipient from renewing their DACA because a DUI is considered a significant misdemeanor. However, if the DACA recipient gets an expungement on the DUI conviction, then the DUI is no longer considered a disqualifying factor for DACA purposes. Nevertheless, although not a disqualifying factor after expungement, USCIS still has discretion to approve or reject the DACA application. Recipient would have to highlight his positive qualities and convince USCIS they deserve a DACA grant.

Can I still reapply for DACA if my DACA has been expired for more than one year?

If the recipient’s DACA status has been expired for over a year, the DACA recipient will have to apply as a first time applicant. The problem with applying as a first time applicant is that due to a July 2021 Federal District Court decision in Texas, USCIS will not issue a decision on your DACA application since they are not currently processing new applications. USCIS will accept the application as a new application but your application will not be processed until there is a favorable change in the Texas Court’s decision.

If you have questions concerning your immigration law matter, please feel free to contact Honest Law Group for a free consultation.

Please Note: Each case is fact specific and the information provided above is not intended as legal advice. Consult a licensed attorney if you have questions about the effects of a DUI on your DACA status.

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