Im an illegal alien and got pulled over because was driving on double lane, was accidentally becasue i wasn't even drinking. When they asked me for an ID i was gonna show my mexican License and the officer saw the fake id on my wallet and asked for it, i got arrested. Its my first offense ever, besides some regular traffick tickets for speeding. Whats gonna happen in court? They'll just give me a fine or community service or is immigration involved in all this? ?Can my case be dismissed for carrying fake id and being an illegal alien?
This is a common situation in my practice of criminal immigration law. If the criminal case is not handled with a view to the immigratin consequences deportation may result with a long bar to re-entry. In Texas the false ID can be treated as a felony or a Class B misdemeanor. The immigraton consequences of a Class B are far less that the felony. The distinction is based on the origin and use of the ID. Depending on where your case is pending there may be an alternative to a conviction for the offense. It would be helpful to know how long you have been here, if you have legal immediate relatives, if any applications for change of status have been filed for you in the past and other factors.
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