If you are in the U.S. without a legal immigrant or visa status, ICE does not need you to have a DUI conviction: being illegal is enough reason for deportation. But the way the deportation will proceed, and the possibility to obtain relief from removal will depend on whether or not you have a conviction. Remember, not just an arrest, a conviction is what counts - or your statement admitting that you have done the act for which you could be convicted of the particular crime. So, don't enter *any* pleas in the criminal court - even if it sounds OK, and you will not have to go to jail, and there will be no record of conviction, etc., etc. Do not enter any pleas even if your defense attorney tells you to do it - unless he assures you that he checked and made sure that the proposed plea will not affect your immigration situation and eligibility for relief from deportation. Generally, when you find yourself in removal proceedings, it is a good idea to get an immigration attorney. In your case, it would be better to have an immigration attorney who also does criminal defense. Good luck!
Answered on Apr 20th, 2015 at 6:42 PM