Are You Eligible for DACA and DAPA if You Have a Criminal Conviction?

It’s important to note that if you have certain criminal convictions, you will not be eligible for DACA and probably not DAPA either. For DACA, if you’ve been convicted of a domestic violence offense, a drunk driving offense (which is a significant misdemeanor-that’s the key word), or you have more than two criminal convictions, you will not be eligible.

Also, if you have a sentence of ninety days or more you also will not be eligible to apply for DACA. Now, in the state of Wisconsin, it is very important to know, if you only have one drunk driving conviction that is not a misdemeanor. We have been very successful in getting these DACA applications approved even though there is a drunk driving offense and considered a significant misdemeanor in every other state.

You’re also not eligible if you have any felony convictions. It is also important that if you do have these types of convictions that you speak with an experienced immigration attorney who has a criminal defense background. There are many times where we can vacate the conviction and it will make you eligible to apply for DACA. So just because you have these convictions doesn’t mean you’re not eligible. Speak with an experienced immigration attorney who has that criminal defense background like our firm does.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee, Wisconsin. Contact us for your initial consultation.

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