Successful I-821D RFE Case Despite Driving Under the Influence Conviction

• Applicant: Mr. John Avatar
• Nationality: Mexican
• Case Type: I-821D Consideration of Deferred Action for Childhood Arrivals (DACA) Renewal, Request for Evidence
• Time: 1 Week
• Challenges:
  1. Mr. Avatar had been arrested
  2. Mr. Avatar was charged with four counts of driving under the influence
  3. DACA Status was in jeopardy

BACKGROUND

Mr. Avatar came to Tsang and Associates seeking legal advice from our attorneys with regards to his arrest.  Mr. Avatar was extremely worried about the uncertainty of what the future would hold for him and his family if he were to lose his DACA Status and employment. In addition, he was devastated by the thought of putting his family through financial hardship, and desperately wanted to clear his name, particularly because he felt he was wrongfully accused and judged.

KEYS TO SUCCESS

Mr. Avatar was arrested in 2014, and the arresting officer charged him with four counts of driving under the influence, operating a vehicle with a blood level of .08%, and one count of Public Drunkenness.  Despite the unfortunate incident, our legal team firmly believed we could help Mr. Avatar and immediately assisted him by responding to the Request for Evidence, and provided the necessary documents for clarification in this matter.  To prove Mr. Avatar’s eligibility, we submitted exhibits such as: The police-report and the records that showed that Mr. Avatar was sleeping in his car, and not been previously driving at the time he was arrested.  We also submitted court records and minutes from the California Superior Court, County of Orange, showing the court verdict and process of his criminal case.

In addition, we also provided evidence of Mr. Avatar’s motion to withdraw a guilty verdict and evidence that it was granted and that the Orange Country Superior Court had closed the case. Ultimately, we successfully demonstrated that Mr. Avatar was a person of good-moral character and that this was an isolated incident in his otherwise clean record.

OUTCOME

Tsang and Associates worked very hard to help Mr. Avatar not only win his case, but also avoid that his DACA status be revoked.  Mr. Avatar and his family were both relieved of this nightmare and grateful with our legal team’s diligence and hard-work.

*Name has been changed to protect client identity