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Those Qualified For Daca With An Expunged Dui

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On 9/6/2017 at 8:57 PM, GoCoogs713 said:

anyone here from Texas and tried submitting with a non-expunged DWI? Also my Permit expired in July should I risk it?

 

 

Texas does not allow expungement of DUI.

 

you are out of luck!

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I need help for a friend of mine.  I'm an American citizen but i have known this kid for years and I'm trying to help him.  He has had daca for 4 years (one renewal) but got a DUI back in January 2016 in Virginia.  He was up for renewal and we tried it and he received a Notice of Intent to Deny.  His lawyer is telling us there is nothing that can be done.  However, I cannot accept  this.  I have prayed so hard for this kid.  He has worked at the same place the whole time.  Great job. They love him there.  He almost has his bachelors degree.  I cannot imagine him going back to living in the shadows.  I have read where all these people got their DUI expunged but I don't think that's possible in Virginia.  Does that mean that one really bad decision ruins his chances of EVER becoming legal again? This cannot be.  None of us are perfect.  Anyone have any ideas? Our time limit for "appealing" the notice of intent to deny is coming up in about 2 weeks.  His lawyer says she is not going to try and appeal because it's cut and dry.  The DUI means he is NOT eligible. Thoughts?

Just so you know, I stand with all of you.  I pray for you all every night.  I'm so sorry you're in the position and I pray you all get permanent status soon!  God Bless

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1 hour ago, DACAFAN said:

I need help for a friend of mine.  I'm an American citizen but i have known this kid for years and I'm trying to help him.  He has had daca for 4 years (one renewal) but got a DUI back in January 2016 in Virginia.  He was up for renewal and we tried it and he received a Notice of Intent to Deny.  His lawyer is telling us there is nothing that can be done.  However, I cannot accept  this.  I have prayed so hard for this kid.  He has worked at the same place the whole time.  Great job. They love him there.  He almost has his bachelors degree.  I cannot imagine him going back to living in the shadows.  I have read where all these people got their DUI expunged but I don't think that's possible in Virginia.  Does that mean that one really bad decision ruins his chances of EVER becoming legal again? This cannot be.  None of us are perfect.  Anyone have any ideas? Our time limit for "appealing" the notice of intent to deny is coming up in about 2 weeks.  His lawyer says she is not going to try and appeal because it's cut and dry.  The DUI means he is NOT eligible. Thoughts?

Just so you know, I stand with all of you.  I pray for you all every night.  I'm so sorry you're in the position and I pray you all get permanent status soon!  God Bless

There are some states that will take back the guilty plea once one does probation and complete sentence requirements like California. I got a DUI and now I am close to getting approved again because my court disposition now says NOT GUILTY. However, there are some states that do not expunge DUI's like Virginia. Unfortunately, he will have to go back to the shadows and wait for another type of law since VA does not expunge DUI's, https://vacode.org/19.2-392.2/

 

USCIS will still see the guilty plea and deny. I'm sorry , but as an immigrant; one mistake can ruin your life in USA.  

 

This doesn't mean he WON'T ever be legal. He can get married and purse that route or wait for the real DREAM ACT to pass or Imigration Reform, if they ever happen. As for DACA, he won't qualify. It is cut and dry. 

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Hi everyone 

After calling USCIS 1800 number and open a request to check the status of my application i received a letter stating the following. 

The status of this service request is:

We have placed your case on a processing hold because the required security checks remain pending. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.

We hope this information is helpful to you

I sent my application back in the beginning of march 2017.  Has anyone heard of this before?

 

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Call the 1800 num ask what kind of sec checks, if they know. What can we do from here, the woman i spoke to said something like we can send a request every 30 days so can we submit another one because this is really important and this delay is causing me all kinds of problems matter of fact let me speak to your supervisor lol idk alex thats what i would do lol this is killing me :D

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On 9/17/2017 at 8:51 PM, alex007 said:

Hi everyone 

After calling USCIS 1800 number and open a request to check the status of my application i received a letter stating the following. 

The status of this service request is:

We have placed your case on a processing hold because the required security checks remain pending. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.

We hope this information is helpful to you

I sent my application back in the beginning of march 2017.  Has anyone heard of this before?

 

I got the same thing. It is just some random response. I wouldn't pay attention to it. I contacted my congresswoman and I got an RFE.  Now, hopefully waiting for an approval. 

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Alby,

Congrats on your approval. How long ago did you receive the similar letter stating that your case was on hold for security check. 

Also you said you contacted your congresswoman, how did you do that? I am very stressed out that my case is on hold. 

I live in California and had daca when it first came out. But then I got a dui and waited to reapply until my xpungement was complete. Is your case similar? I sent in my renewal in March this year.

 

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On 10/11/2017 at 7:45 AM, Vic said:

Hey alby when you contacted your congress rep did you tell them about your DUI? 

No. They don’t need to know. All I did was filled out a form giving them permission to contact USCIS on my behalf.  USCIS always reacts quick after a congressional inquiry.  So, I was finally approved.  And the representative is republican!

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Cool thanks, I just called mine two days ago, they ask d me for the same form, I sent it and waiting for them. Hopefully it goes on the right way. 

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Hi Guys! I’ve been waiting since January 2017 same as Vic and I haven’t heard anything. Vic... what happened with the form you sent, have you get any response. I haven’t call because I am too scare now with all the immigration situation. Now I heard on the news that Ice have acces to the license plates. That makes me very concern of deportation and the record I have. What you guys think? 

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Find out who your congress rep is and give them a call, I called mine again a week ago to help me out and they sent me the response they got and they actually respond faster to them and they can see that you have your congress rep backing you up this is what they got:

From: *California

Sent: Wednesday, January 24, 2018 3:05 PM
To: Trujillo, Rafael
Subject: RE: TORRES, NORMA CRM:0749034

 

Rafael:

Thank you for your inquiry, relating to the I-821D request, receipt number IOE———, filed with U.S. Citizenship and Immigration Services (USCIS) by Vic.........

U.S. Citizenship and Immigration Services (USCIS) records confirm that this case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed. 
If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible.

We hope the information provided is helpful.  If we may be of assistance in the future, please let us know.
 
Respectfully,

Congressional Liaison 
Congressional Unit 
USCIS - California Service Center

 

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Alby I just got an RFE today and I know you mentioned that you got a similar response, wanted to know what was it that they requested if you can tell me please. 

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Hi Alby, Vic. I got a RFE on 02/14/18 and I have some questions about what should I submit if one if you guys  could tell me it will be great. Hope we get aprove. Thx guys. 

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Am still waiting to see what they will be asking for. I haven’t received the letter. Alby was asked to proof that he was not guilty of dui. He sent the court papers where after his case was expunged they cahnged his guilty plea into not guilty so that helped him a lot. On my case it didn’t change that they just changed at the end that the charge was set aside/stricken for reason of being dismissed. Still not sure what they will be asking for we need to wait 

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Hi Vic, Lori and Alby

I just got notification of RFE today at 630 am. Via email. Not sure what else they need. I send alot of information in my package. Please let us know what they ask in the letter, I think Vic will recive his first. Ill will post as soon as I get mine in the mail. 

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Alby tells me he sent all the paperwork at the beginning not sure why they asked him for it again but definitely wii keep you posted

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Hi Vic! My lawyer told me the same thing and she want to send it as soon as possible. I am confused too but I guess they are absolutely right. Best luck. 

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Got the letter, it’s requesting for all the initial paperwork to qualify for deferred action. Evidence of presence 5years prior to 2012. Also it does say that they did background check and that I was arrested and they want a certified court disposition, stating what the charges were what the centence was and what is the end of it. 

 

Time to get to work, they gave me till May to get it done. Good luck, I’ll keep you posted 

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