Jennings Immigration Law Office

Single DUI is DREAM Deferred Action Disqualifer

It is important to note that the Department of Homeland Security has taken the position that persons convicted of a single DUI are not eligible for the DREAM Deferred Action status.  Aside from the obvious consequence (if you have a single DUI conviction you should not apply), there are secondary consequences as well.  For example, if an individual were to acquire Deferred Action and is subsequently charged with DUI, a guilty plea or conviction will likely mean that the extension application will be denied.  Advocates are trying to get DHS to soften the stance that a single DUI is a “significant misdemeanor,” but given the political nature of the program I think that is unlikely.  Please do not drink and drive!

Other criminal diqualifiers:  a felony conviction, three or more unrelated misdemeanor convictions, or a single “significant misdemeanor” conviction that includes crimes involving violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.  If you have a criminal record that implicates any of these categories, you should consult an immigration attorney prior to applying.