Deferred Action: DUI and Having Enough Proof

Hello Angy;
I have a problem and maybe you can help me. I’m 25 years old and have a Degree in Mechanical Engineer and I’m pursuing a Master Degree in the same field. I want to apply to for the Deferred Action but if I understand correctly a significant misdemeanor may not let me. Four years ago I was arrested for driving under the influence. I already paid all of the fees (DMV & City fines) and took the DUI classes. I want to apply but I don’t want to waste $500. So my question is, if they find out that I don’t qualify would I get my money back? The law is clear that I won’t qualify but maybe they can overlook my DUI?? Is there any way I will get approved?
Thank you for your help
CM86

Hey CM86,
Thanks for the e-mail. I want to remind you that I am NOT an attorney. And this is not legal advice. I suggest you speak with an attorney before applying for Deferred Action for Childhood Arrivals. According to USCIS guidelines being convicted of driving under the influence will disqualify you from applying for Deferred Action for Childhood Arrivals since it is a significant misdemeanor. The $465 are non-refundable since the filing fee is to review the case, not just after the case is accepted. In conclusion, you risk being denied and no refund will be provided afterwards. Is taking this risk worth it? It is your decision to make. Think it through first. I suggest you speak with an attorney; however, I also understand that this is a personal decision.

Angy,
I been stressing out about this Deferred Action policy. I heard and read about others providing so much evidence about them being here since 2007. My concern is that since graduating in 2007, I worked for two years with my real name. After that, I worked with another name (which is my middle and second last name). Now ever since that, my job provided a debit card to pay, in which I never bothered to start a bank account. Now with this new discretion, I don’t feel that I have enough evidence and it makes me worry if I’m not going to be able to get anything. I really hope that what I have could be enough evidence, because I really want to go to school, and get out of my tough situation with a dysfunctional family. What I have are medical bills for a couple of months in 2009 and 2010 and some acceptance letters from college. Pay stubs from 2008 and taxes from 2007. 2011 and 2012 a rental lease, and some receipts I signed for this year for rent.
Thanks for all the hard work you and everybody else do,
Sergio

Hi Sergio!
Thank you for your email and for being honest about your Deferred Action process. Do not freak out! The USCIS sent out updated guidelines that discuss various topics and one of them is proving continuous residence. In the guidelines it says that you can submit one item per year to proof residence, see here. If you have proof with your name as it appears on your birth certificate, include that. If not, I believe you can submit proof using your middle name, just seek legal advice when it comes to filling out your forms since you may have to fill in the “other names used” section. Always check the USCIS guidelines to see if there is any new information. Let me know how your application process is going and if you need any help. Here in New York we have a lot of clinics and workshops happening make sure to sign up for updates[http://www.nysylc.org].

Best,
Angy

Created on Oct 21, 2010. Ask Angy is the first undocumented youth advice column. It was born in the New York State Youth Leadership Council because there was no space to ask questions or seek advice. This blog is a space for youth to email their concerns, questions, stories or simply ask for help without being judged. Email them to Angy at Angy@nysylc.org or fill out this form.

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