QUESTION
Can my husband be deported if he's going on trial for his DUI?
Asked on Jun 14th, 2016 on Immigration - Georgia
More details to this question:
I'm a US citizen. I got married with him for almost a year. We have been together for 4 years and just recently he got a DUI. He has his driver license, car insurance, no tickets for 2 years and he came with a tourist visa but overstayed. Can he get some trouble and how now we will do his paper?
3 ANSWERS
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A first DUI without aggravating circumstances (like driving without a license, in an uninsured car, with a child in the vehicle, etc.) is not a very big problem. But the state law enforcement now alerts the Immigration about non-citizen criminal offenders. There is a more than 50/50 chance that your husband will be arrested by the Immigration and Customs Enforcement after his DUI trial. If your husband entered the U.S. with a visa, and you are legally married, you should consider filing an immigrant petition for him immediately, before the ICE gets him. And in any case, he should talk to an immigration attorney before going to the DUI trial to make sure he does not take a plea that would hurt his ability to get a green card, and to have an attorney ready to step in and get him out of the immigration jail if he gets arrested by ICE.
Answered on Jul 18th, 2016 at 6:29 AM
Generally, if a foreign national enters the United States lawfully and with inspection (such as with a B1/B2 visitor's visa), and then becomes married to a U.S. citizen, the couple can success in the adjustment of status application process so that the foreign national will become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national may have been arrested or even convicted for a DUI offense. In the application process, however, it will be necessary to reveal the arrest/conviction and to supply a complete set of court-certified disposition documents. It would be wise to consult with an immigration attorney who, after learning all of the relevant facts about the foreign national and the couple, will be able to advise about eligibilities, options and strategies and will be able to offer legal representation in the often complex application process.
Answered on Jul 18th, 2016 at 6:28 AM
Yes, there is such a possibility. You need to consult in person with an Immigration lawyer.
Answered on Jul 18th, 2016 at 6:28 AM