ViK

Those Qualified For Daca With An Expunged Dui

117 posts in this topic

I sent my packaged I received a NOID (Noticed of Intent to Deny) Not a Denial.

I just sent it back with info etc.

 

I"m on the process of getting my DUI expunged.I didn't hire a Lawyer because the process is simple & you can do it.They charge $120 to do it at the court,but if you qualify for a fee waiver then it's free.

 

Now my question is I'm about 90% sure I'm going to be denied because of my DUI I did send them a copy that my DUI is in the process of being expunged with letters from church,friends of mine etc.Because if you show exceptional circumstances you have a chance if you have a Significant Misdemeanor.

 

I'm planning on replying to DACA but when I do.I want to know exactly what you sent regarding your DUI copies that it have been expunged etc. I will not hire an attorney because I've done everything myself before and well the attorneys I spoken too don't know anything.

 

 

I will appreciated the help

 

Thank You.

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I found this article as well

Crimmigration: DACA Approval after Notice of Intent to Deny

By Christy Turovskiy of Philip Eichorn Co., LPA posted in Crimmigration on Sunday, January 4, 2015.

Sometimes when applying for an immigration benefit, particularly when there is a criminal issue in your past (hence, crimmigration), U.S. Citizenship and Immigration Services (USCIS) will issue a Notice of Intent to Deny (NOID). A NOID basically states that USCIS does not find your filing to be sufficient for approval. USCIS will give you a limited period of time, as specified in the NOID, in order to respond with additional documentation and often legal arguments dependent on the issues. If you do not respond within this period of time, your case will be denied. Even if you do you respond, your case may still be denied. Everything hinges on your response.

For Deferred Action for Childhood Arrivals (DACA), in addition to other requirements, an applicant must demonstrate that he or she has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety. Our Office recently had to respond to a NOID by USCIS for a DACA Applicant that was convicted of assault in 2003 after being charged for domestic violence. USCIS claimed that this conviction was a significant misdemeanor as an offense of domestic violence, thus making him ineligible for DACA. In order to be considered a significant misdemeanor for purposes of the DACA process, a misdemeanor must meet certain criteria, which USCIS alleged our client met.

With roughly one month to respond to the NOID, our office drafted a detailed legal argument applying USCIS's recently issued policy guidance to our client's statute of criminal conviction. We provided USCIS with a clear legally sound explanation as to why our client's criminal conviction did not meet the requirements set forth by USCIS. We additionally provided and cited evidence from our Client's criminal proceedings.

On December 24, 2014, just in time for the recent holidays, our office received the below approval notice for this client's DACA application. We can now use this recent approval notice to administratively close his currently pending removal proceedings and protect him from deportation.

If you are planning on applying for DACA (or Deferred Action for Parental Accountability, DAPA) and you have a criminal conviction in your past, please consult with an experienced crimmigration attorney for the best possible representation.

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I apologize for the late reply.

 

I have sent my paper once again this time with my expunged DUI. I took my biometrics once again on Monday.

 

This is it guys my last try will see how it goes.

 

I

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Hello everyone! 

 

This happen to me recently. I went to my biometrics a month ago everything went as usual..

 

2 weeks ago I receive another biometrics appointment. I called the number on the paper they told me just to forget about it since I already went.

Now I'm the type of person that likes to make sure.

 

So I decided to go to the actual place where I took the biometrics. I spoke to someone right away she told me that the WAC numbers were different.

I ask why she said because for some reason they are updating them. I don't know if that's good news or bad.

 

Has this happen to anyone? 

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Hello everyone! 

 

This happen to me recently. I went to my biometrics a month ago everything went as usual..

 

2 weeks ago I receive another biometrics appointment. I called the number on the paper they told me just to forget about it since I already went.

Now I'm the type of person that likes to make sure.

 

So I decided to go to the actual place where I took the biometrics. I spoke to someone right away she told me that the WAC numbers were different.

I ask why she said because for some reason they are updating them. I don't know if that's good news or bad.

 

Has this happen to anyone? 

 

This is strange, but I'm glad you made sure about it. Don't miss it and keep us updated! :)

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UPDATE: The first time around I didn't get approved because of my DUI.

I resent everything again but this time with an expunged DUI.

 

Once I did that I went through the same process again except I went to do my biometrics twice because my information was being update. This was on March now it's may & well I received the good news I was accepted.

 

I have some questions. 

 

 The letter I received reads as follows: Your application for employment authorization has been approved. The form I-766, Employment Authorization Document, was sent under separate cover to the beneficiary.

 

In other words they are mailing it to me? Do I wait until it arrives.

 

Second question how to I obtain my SSN number.

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Here's my story,

I initially applied for DACA when it first rolled around and got approved. I got arrested when I was 15 for shoplifting and the court case was sealed and dismissed (also because I was a Juvenille). Last year I got a DUI and the case is set to be dismissed in Novemeber. I know it seems like I'm a horrible person based on these mistakes but I swear I'm not. I'm in nursing school and I apply this year to the nursing program. I'm also getting married soon. How likely do you think I am to get approved with two arrests/two dismissed arrests under my name? 

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Hi Vik!                                                         I All I can say is that you are very lucky. I am happy for you. I am very worry right now because I got a DUI Dicember 2014 and my Daca expired June 2015. I went to do all the process of school and payments and I finally got it expounded in Dicember 2016 before the 3 year probation. I recently Renew the application, they received it on January 3 2017 and I received a letter for the BIometrics on Feb. 1 2017. Now that Trump came out with new executive orders I am truly scare  if this will influence the outcome for Daca and get deported. I am about to apply to Nursing schools and I sent bunch of letter recomendations I Am praying that this would help to see that it was just a mistake. Wish me luck. 

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Olivia B give us your status on your DACA I'm sorry for replying late.

 

Lori. I'm really happy you didn't get deported because a DUI or anything at the moment equals deportation.

Please keep us updated with your DACA to see if you got approved,I hope you do.

 

I'm scare for myself & else. This is the only country I know...

 

I'm still waiting for my Work Permit since the post office lost it.  I had to pay again & take another biometrics so now it's a waiting game again.

 

I think if they do send me one then my expunge DUI is not going to be a problem for renewal I hope.

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Hi GuessLori

I am in the same situation I got a dui in 2014 and my expungement was granted last month. I am about to graduate with my bachelors in december and my work permit expired in 2015. Not sure what to do. But renewing my daca is my only option. If you could please keep us updated with your case I will highly appreciated. I am preparing my renew packet by my self and I just got the last letter of recommendation from a proffesor today. I am mailing it this Week. 

Ill will keep you guys updated. 

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Alex my friend also got a DUI a while back he expunged his DUI sent his package & was accept it.

He is now renewing his DACA I'm curious to know if everything goes smoothly gain. 

 

Do keep us updated.

 

 

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Has anyone got approved with out getting their DUI expunged? I didn't get mind expunged and the recently asked for RFE now I'm just waiting to see if it will get approve or denied 

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Hi Vik!

I know everything is turning crazy. Hopefully I get approve there is nothing that I wish but get my work permit again. When did your friend  sent the application and how long took for the approval. BTW i am so jealous good for him.

 

Hi Alex!!

We have a very similar story but lets keep faith and believe in God and he will make it possible. I was also very unsure  to send my application a swell, but you are right there is not too many options now. I will keep you posted of what happens and you too please.  Good luck!!!

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Hey guys,  I wanna share my story as well.  

I was approved for DACA in 2012. Then I got a DUI in 2014, so I couldn't renew. I expunged it in CA in Nov 2016. I sent a renewal in Dec 2016 and I did bios the same month. Still the case is pending.  IOE090167****    I am glad I was able to expunge. I hear other states don't allow it to be expunged like New Jersey or Colorado. 

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Also, I hear I should've applied as a new applicant instead of renewal since I had a gap of two years. Oh well, we will see!  I'll let you guys know. 

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Yazz33 

They asked me For RFE the first time I tried to applied without an expunged DUI. My case was rejected!

The second time around I expunged my DUI & my case was accepted.

Lori

Is this your first time applying & do you have a DUI

This is my friends second time applying for DACA the first time he was approve with an expunged DUI. He send the renewal last month.

 

Mr. DUI I wish you luck bud DUI's are considered deportations. I hope your case gets approved.

My DUI was before I sent my DACA.  I was rejected because of it,then I expunged my DUI and was accepted.

Now your story is different. You got your DUI while you had DACA I don't know how they feel about that.

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Vik

how long did it take you to expunged your DUI? I'm thinking of trying to expunged it and send prove ? 

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Hey Vik!

I got approved in 2013 and got a DUI 2014 got it expunged December 2016 and I just sent the paperwork for renewal. took the bios Feb. fist now I am nervously waiting. I am very concern if it does not get approve then I will be place for deportation:/ This is a horrible feeling uuhhgg. praying for the best. 

Did you got the work permit, I read some comments that the post office lost it :(. hope everything is in place now.

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