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

Answer:

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, you will have to prove to immigration that you have a positive character to receive DACA. Proving good character is on a case by case basis. Our office can help you prove your good character traits.

Can I still re-apply 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.