Q: Will pre-trial diversion affect my chance at renewing DACA?
I was arrested on November 2017, for possession of marijuana and possession of paraphernalia. I was told to do a pre-trial diversion program, which I completed successfully last month. My charges were dismissed completely. I am renewing my DACA this month. I have consulted with my lawyer but she just stated it could affect it but did not give me anything concrete. What are the chances my DACA will be denied due to this?
I should add, I reside in Kansas.
A: Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA renewal. You’ll want to consult with an immigration attorney to see what your options are.
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