Chicago, IL asked in Immigration Law for Illinois

Q: I was denied DACA because of a DUI conviction in the state of Illinois. What are my options now?

What can I do to get a work authorization card or adjustment of status?

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2 Lawyer Answers
T. Augustus Claus
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A: If you were denied DACA (Deferred Action for Childhood Arrivals) due to a DUI conviction in Illinois, your options may be limited. DUI convictions are generally considered significant misdemeanors under DACA guidelines, which could disqualify you. You might consider seeking a post-conviction relief or consult an immigration attorney about other pathways to work authorization or adjustment of status.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: A DUI conviction can be a significant barrier for DACA eligibility. If you were denied DACA due to this conviction, revisiting that decision solely based on DACA would be challenging. However, for obtaining work authorization or adjusting status, there are several potential paths, depending on individual circumstances:

1. If you have an immediate relative who is a U.S. citizen (like a spouse or parent), they might be able to petition for you.

2. If you're eligible for another visa category, such as U or T visas (for victims of certain crimes or human trafficking), those can lead to work authorization and eventual adjustment of status

3. Certain forms of humanitarian relief, like Temporary Protected Status (TPS), can provide work authorization.

4. In some cases, post-conviction relief might be pursued to address the DUI conviction, although this can be a complex process.

Given the intricacies of immigration laws and potential consequences of a DUI, it's crucial to consult with an immigration attorney to evaluate the best strategy tailored to your situation.

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