Apply for DACA with DUI probation before judgment

Antonio writes, "I had a DUI in the State of Maryland and I am currently under probation before judgment. Should I admit this on my application?  Would there be a necessity for me to hire a lawyer?"

Honesty is the best policy while dealing with law enforcement:  Of course, you HAVE to admit this on your application and provide the paperwork to the USCIS for any immigration benefit.  Lying about or hiding information from the USCIS something that is part of public records, that will definitely be found out through a search during background check is a bad idea.  Nothing annoys an officer more than someone hiding a piece of information that is in the government records.

DUI charges may remain on your record forever:  However, it seems that you may not be eligible for DACA anyway because in Maryland, a full background check by the USCIS will reveal your DUI case and the record will not be expunged even if you successfully complete your probation.  After completing the probation successfully, if the judge does let you register as not guilty, you do not have to admit in a job application that you were convicted but if an employer does a full background check they will still find out exactly what happened and might decide not to hire you, particularly for a job that requires you to drive a car as part of your work (some companies will not hire you even if you will only drive a vehicle during an occasional business trip).  For the same reason, applying for DACA is tricky.  Applicants really have no rights in this case and it all depends at the discretion of the prosecutor so if the prosecutor sees that you are under probation for DUI, most likely he will deny it.  So you may want to wait for Obama Amnesty to pass and hope that the law will forgive a DUI on record.

I strongly suggest that you consult with a very good attorney (an immigration attorney not the one you used for your DUI case) before deciding.  This is a very complex case at this stage as well as for any other immigration application you might decide to file.

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