How does domestic violence charges affect DACA/DAPA?

I have a family I currently work for who has previous charges of domestic violence. He is currently waiting for court hearing in May regarding deportation. Is he eligible to apply for DACA? He also has 2 children born prior to November 20, 2014, would he be eligible for DAPA? Any feedback is greatly appreciated. Thank you, T.


David Leopold's picture

A conviction for domestic violence will disqualify him from both DACA and DAPA. Also, he will be considered an enforcement priority. It is very important that he seek the advice of a licensed immigration attorney before his domestic violence charge is resolved. If he is represented in the domestic violence matter he should make sure that his defense lawyer has consulted with an immigration lawyer who can advise him about the consequences of a domestic violence related conviction.

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