What to do if I applied for deferred action and according to USCIS my case is still in the initial review process, however I recently got pulled over and was charged with an OUI and unlicensed operation?

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What to do if I applied for deferred action and according to USCIS my case is still in the initial review process, however I recently got pulled over and was charged with an OUI and unlicensed operation?

I am taking this case to trial and I was told that I have a good chance of winning. Hoever, I wanted to know how this case will affect my ability to get deferred action? What will happen if I decide to go with a continuance without a finding or must I win the case for me to still have a chance to get deferred action?

Asked on April 3, 2013 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It should not affect the DACA in any signficant way.  Of course, if you can win or even get the charges dropped that would be better overall but even if you are convicted, a one time DUI should not really affect your ability to get employment authorization.


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