The Deferred Action for Childhood Arrivals (DACA) gives legal status to undocumented immigrants who came to the United States as children. DACA protects them from deportation, helps them obtain a Social Security number so they can legally work and obtain access to health care. DACA beneficiaries are often called Dreamers as they can realize their dreams of going to college with or without scholarships and financial aid.
The US Citizenship and Immigration Services (USCIS) manages the DACA program. Once an immigrant qualifies for DACA, they do not have to fear being deported to a country that has never been their home. DACA status requires renewal every two years. Applicants are subject to background checks. USCIS may deny DACA application or renewal for a criminal offense, fraud, being a threat to national security or public safety.
DACA status can be denied or revoked if you are convicted of a felony or a serious misdemeanor. Some criminal offenses, like traffic tickets or speeding probably may not have an impact on your status. However, other criminal charges may make DACA recipients vulnerable to deportation and/or other serious legal consequences.
If you are a DACA recipient charged with a criminal offense, the first thing you should do is contact a criminal defense law firm experienced with the impact of DACA criminal conviction laws and the consequences for DACA beneficiaries. In Orange County, California, The Law Offices of Bryan R. Kazarian will work toward the best DACA “friendly” resolution to your criminal matter so that you have an opportunity to avoid deportation and protect your DACA status.
Misdemeanor Convictions and DACA
Though they may seem like minor infractions, misdemeanor charges can have severe consequences for DACA recipients. USCIS determines the significance of a misdemeanor by reviewing the specific facts of each individual case.
Typically, misdemeanor offenses include crimes with a maximum jail term of 1 year (but not less than 5 days). This may include the following charges:
- Domestic violence
- Sexual abuse or exploitation
- Burglary
- Unlawful possession or use of a gun
- Illegal possession of drugs (controlled substances)
- Driving under the influence of drugs or alcohol (DUI)
- Any crime with a sentence of more than 90 days in custody
- Three or more occurrences of other misdemeanors that don’t occur on the same day
Depending on the specific circumstances, a single misdemeanor conviction may disqualify you from applying for or renewing your DACA status. This may then subject you to deportation. For example, a DUI charge may result in deportation regardless of the sentence. Establishing whether or not a particular misdemeanor will have an impact on your DACA status depends on many factors.
If you are charged with a misdemeanor in Orange County California, you may have options that can help you negotiate an outcome that will not have an impact on your immigration status. No matter how minor the criminal offense, if you have been convicted of or charged with a misdemeanor, you should talk to a criminal defense attorney. Before you talk to any other criminal defense attorney, get advice and counsel from The Law Offices of Bryan R. Kazarian. Our team will help develop a plan and a defense strategy that is appropriate for your specific circumstances.
Type of offense
One of the first things your criminal defense attorney will consider and discuss with you is the type of offense. If the charges are for something minor, then there will probably be a way to avoid deportation and other negative consequences of your DACA status. The USCIS reviews each charge individually for each set of circumstances. They examine the type and number of crimes. Often, they may find that you have a criminal charge, but can still renew your DACA status.
Besides the misdemeanor charges listed above, your DACA status may be jeopardized if you are convicted of a felony. According to federal immigration laws, “A felony is a federal, state or local criminal offense punishable by imprisonment for more than a year.” Just one felony conviction can disqualify you from applying for or renewing your DACA status and make you subject to deportation. Felony charges are serious criminal charges that typically come with a sentence of 16 months to life in prison. These are just some of the possible scenarios that may cost you your DACA protection and more importantly, result in prison time and/or deportation.
Automatic DACA denial for a criminal conviction
Having a criminal conviction on your record, does not mean that your DACA renewal will automatically be denied. Your immigration attorney can work with USCIS to carefully document and review your individual situation. In some cases, a conviction may remain, but the danger of deportation may disappear. With your immigration attorney’s help, you can properly prepare for any investigation and avoid automatic DACA denial.
How our criminal attorneys help DACA recipients with a criminal charges
Several strategies are used by criminal defense attorneys to successfully preserve one’s DACA status. Criminal defense attorneys may use the following to attempt to avoid having their clients be convicted of a criminal offense, including:
- Filing a Pretrial Diversion Motion if the crime charged qualifies under Penal Code Section 1001.95(a).
- Seeking a continuance by the prosecution and if successfully completed asking the prosecution to dismiss the criminal case.
- Make the prosecution aware of the immigration consequences of a conviction.
California law states that the prosecution must consider the immigration status of the person charged and any immigration consequences when plea bargaining. That can be a great help for DACA recipients. Defendants who are victims of human trafficking, domestic violence, severe trauma, or addiction are given special consideration under California law. Defendants who are victims or who have been coerced into committing a crime may be given special treatment by the prosecution.
The criminal defense attorney you chose to work on your criminal matter may make all the difference in whether or not you maintain your eligibility to renew your DACA status. Your criminal defense attorney should be familiar with getting post-conviction relief in your criminal case in certain circumstances. California law has some post-conviction relief options that allow immigrants to file a motion asking the court to vacate their conviction. For example, if you were not made aware that a plea of guilty in your case would make you deportable as a result of that plea, or the crime you pled guilty to then was not a deportable offense however today it is, your conviction may be eligible for a post-conviction relief motion. In that motion your criminal defense attorney will craft a motion under applicable California laws asking the court to vacate your prior criminal conviction based on the above or another applicable circumstance.
The attorneys at The Law Offices of Bryan R. Kazarian can be trusted to get the best outcome for DACA status holders. They know the options available to vacate prior convictions and use pre-trial intervention as a way to avoid impacts on a DACA recipient’s immigration status. Their aggressive and committed attorneys can help DACA status holders remain calm and feel safe throughout the process.
Contact us now if you are a DACA recipient facing criminal charges
Although The Law Offices of Bryan R. Kazarian only practices criminal defense law, our attorneys work toward the best outcome while being aware of our client’s DACA status. Our attorneys are trustworthy, experienced legal professionals who have helped many Dreamers avoid deportation. We know the details of California criminal law and help people throughout Orange County, California. We help Dreamers feel calm and safe. Contact us online or call 855-918-4253 to set up a consultation regarding your case. We are available seven days a week. Our offices are conveniently located near the Central, Harbor, North and West Justice Centers in Orange County, California.
