DACA with DUI: What to do if you're a Dreamer facing Driving While Intoxicated (DWI) charges

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  • Опубликовано: 14 окт 2024

Комментарии • 23

  • @Onserio.
    @Onserio. 3 года назад +3

    I have a dwi conviction, my bac was *0.08* It was about 8 years ago. I’m in Dallas. This is crushing.

    • @jenniferwalkergates5745
      @jenniferwalkergates5745 3 года назад +2

      Agreed. It is so arbitrary and unfair. There is a slight chance that you could get your conviction reopened and vacated, which would let you become eligible. Chito Vela has had success helping some of our clients do this in Travis County. You may want to look into the possibility of this type of case. It's called a "Padilla writ."

  • @gabrielaarias1619
    @gabrielaarias1619 3 года назад +3

    My daughter has DACA but 2 years ago she got a DWI she did the school she paid everything but because we could. not find a good attorney it wasn't a good defense so now after 2 years she can not work she got depress and is so sad looking at her with23 years old in this situation she is in college. but she can't work what can I do for her as a mother

    • @jenniferwalkergates5745
      @jenniferwalkergates5745 3 года назад +1

      Wow, that’s really hard. The only possible remedies for her now are to investigate getting the DWI conviction reopened and vacated, or to continue waiting and hoping that we see a Dream Act passed.
      If your daughter’s conviction was in Texas, Attorney Chito Vela may be able to assist with the DWI case, though we cannot guarantee it. Feel free to email us at info@walkergatesvela.com about the case and, if Chito believes he can assist, he will contact you.

  • @Gojendees
    @Gojendees 3 года назад +3

    I got a misdemeanor DUI a month ago , i have court In January which is 4 months away from now , my daca renewal is do this month October, and im wondering if the arrest thats gonna show up will affect my renewal with uscis , i have not yet been convicted for the dui , and im already talking to an attorney that told me my case can be dismissed do to lack of evidence, my main concern now is if my renewal will be denied do to the arrest that will show up in my record.

    • @jenniferwalkergates5745
      @jenniferwalkergates5745 3 года назад

      Hi, Adrian,
      In our experience, USCIS will either deny an application or hold off on approval of a DACA case until the DWI case is finally resolved. If you can possibly get your DWI case dismissed and send to USCIS as soon as possible, you may be able to avoid the headaches of having your case denied or delayed. Good luck, and feel free to reach out if we can assist in any way.
      P.S. If you have not already subscribed to our RUclips channel, please do so and help us reach our goal of 1,000 subscribers! Thank you!

    • @aliciaa.4771
      @aliciaa.4771 2 года назад

      @@jenniferwalkergates5745 I had a question so if I got a DUI in august and my court date is October the end of this month and my DACA expires in 2024. Will it show up on USCIS because I got a message today saying “we have taken an action on you’re case” from no-reply@uscis.dhs.gov. And just says “ September 30 2022 reviewing you’re case” I have another year left did they find out already or will then do something after I got to court this month?

    • @iammireyaa
      @iammireyaa 2 года назад

      @@aliciaa.4771 where did you got that message from , email or ? you should have got an attorney to represent you right away

    • @abelsantana6262
      @abelsantana6262 Год назад

      Hey gojendees, do you have any updates? I’m in a similar situation and would like to hear what happened and how you’re doing. Its so scary

  • @iammireyaa
    @iammireyaa 2 года назад

    I got a DUI and got arrested here in San Luis Obispo California .. i haven’t got convicted yet,I have my court on 11/23/22 . I have DACA I already hire an attorney . What should I do ? I really don’t wanna lose my privilege to live here in the country . I have work hard to get it and I can’t lose it over a bad decision I do really really wanna prove that it will not happened again .That is not my character .

    • @jlw.immigrationlaw
      @jlw.immigrationlaw  2 года назад +3

      Hi, Mireya,
      I definitely think your defense attorney needs to try to get your case dismissed or reduced to another traffic violation that won’t cause you to lose your DACA. Please keep in mind that “Deferred Adjudication” with the court counts as a conviction for immigration purposes. However, “Deferred Prosecution” or “Pre-trial Diversion” with the prosecutors will not count as a conviction. If we can help analyze your situation, please contact us for a consultation and we’ll be glad to help.

    • @iammireyaa
      @iammireyaa 2 года назад

      @@jlw.immigrationlaw thank you so much for your ASAP reply . How can I reach out to you guys to analyze my case ? I’m really worried about my situation . I doing everything and over to prove them that is not me or my character . During the whole pandemic I was an essential worker working extra hours and more since the company I work for was an essential company . I’m also an organ donor at the DMV . Will this be taken in consideration ?

    • @jlw.immigrationlaw
      @jlw.immigrationlaw  2 года назад

      @@iammireyaa Hi, Mireya,
      Unfortunately, if you are convicted for DUI, no other factors will be considered. The DACA rules are very harsh in that way. Please feel free to schedule with me or any of our attorneys at walkergatesvela.as.me/WGV, and we will be happy to help you develop the best possible strategy for dealing with this situation.

    • @iammireyaa
      @iammireyaa 2 года назад +1

      @@jlw.immigrationlaw I pray I don’t get convicted. All my goals will go underwater ,but I will not lose hope . I will schedule asap .

    • @georgeortega8701
      @georgeortega8701 2 года назад

      @@iammireyaa what was your bac im also on the same boat

  • @angelitogonzales9782
    @angelitogonzales9782 Год назад

    Hi justvreally newde inbehalf of my us citizen live in us
    He had an dui2020 1st only.hes done all his obligations like fine.24hours jail time2020 since the. Is good citizen of us.llease help i want him to visit to canada.but hes inadmissibility to canada please help.thank

  • @Joykillzz
    @Joykillzz Год назад

    what happens if I get convicted with a hit and run does this stop my chances to renew my DACA?

    • @jlw.immigrationlaw
      @jlw.immigrationlaw  Год назад

      Hi, Alison,
      The impact of a “hit and run” conviction for DACA depends on exactly what the state law criminal law requires for you to be convicted, and whether that would be considered a “significant misdemeanor” by USCIS. In general, we would very much advise against accepting a plea agreement for a conviction of anything that seems like “hit and run” in Texas, which is called “Failure to Stop and Render Aid,” and is a deportable offense here. If we can assist with an analysis of your case and a letter for your defense attorney and/or the prosecutors in your case to help them understand the immigration consequences and possible alternative pleas that would allow you to retain your DACA, please reach out to us for an appointment at jlw.law.

  • @johanmartinez3484
    @johanmartinez3484 3 года назад

    Hi i just got arrested for DWI is bastrop tx i was just passing by to austin i was NOT drunk...i only had one beer 3 hours before the arrest it was only one beer they stoped me because i was driving on the left lane thats was it i have daca i allready send out my renewed paper work and averything my permit expires in September never beeen arrested before is the first time i know this would hurt me since is a dwi i have not been convicted i got arrested for something that i did not do....what can do to get it removed please let me know am in austin at the moment and i want to get this dwi out of my record

    • @jenniferwalkergates5745
      @jenniferwalkergates5745 3 года назад

      Hello, Johan,
      We recommend contacting Chito Vela as soon as possible to develop a strategy for dealing with the criminal case. Having a DWI conviction can cause you to lose DACA, but Chito has a lot of experience helping our DACA clients get dismissals so that they can keep their status.

    • @hazaelvargas1563
      @hazaelvargas1563 Год назад

      dude i had da same shit.. i spent a day in jail which i heard it has to be 5 in order to beserious but i bought a bad car, broke down on the side of freeway had a beer and got 0.8 im waiting on. a response since it showed on the background