QUESTION

Got a DUI I’m not a US citizen, there was property damage. No previous record, am I at risk of deportation?

Asked on Sep 09th, 2012 on DUI/DWI - California
More details to this question:
I live in California. Married to a US citizen and have a child born in the US.
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3 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Any conviction can result in deportation of aliens, at the discretion of INS. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Sep 13th, 2012 at 1:25 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Probably not, but you should get your status fixed as soon as possible. If you are legally married to a U.S. citizen, your spouse can petition for you. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 13th, 2012 at 11:04 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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That will depend on the conviction. You should get a criminal evaluation. *Criminal Evaluation* At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the U.S.. My firm can prepare the necessary Criminal Evaluation which will document to you and the Criminal Attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings.
Answered on Sep 13th, 2012 at 9:12 AM

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