QUESTION

Will a DUI from 2009 which caused me to be in jail for 30 days but I was going to get deported so I signed a voluntary deportation get me denied?

Asked on Nov 12th, 2013 on Immigration - Texas
More details to this question:
My daughter wants to file residency for me.
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5 ANSWERS

Adebola O. Asekun
You should immediately hire an immigration attorney. Your DUI, if it was a deportable offense may render you ineligible to get a green card. I hasten to add that a waiver of the DUI may be available to you. But my main concern is that if you did indeed agreed to a voluntary departure, and then did not leave the U.S. as you promised, you likely now have a warrant of arrest and order of deportation on file. If you now come in contact with DHS, you may be physically removed from this country without further ado based on the outstanding order of removal. I advise you not to file any paperwork with CIS without first hiring an experienced attorney
Answered on Nov 19th, 2013 at 7:47 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.
Answered on Nov 15th, 2013 at 1:23 PM

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Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
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Not necessarily, but it depends on the facts of your DUI case, your prior immigration history, whether or not you left on your voluntary departure, and if so, whether you have stayed out of the U.S. during that time.
Answered on Nov 14th, 2013 at 3:49 PM

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If you were granted a voluntary departure but never left, you are subject to deportation and cannot get any legal status through your daughter's petition or otherwise. Talk to an immigration attorney to see if your 2009 case can be reopened.
Answered on Nov 14th, 2013 at 3:48 PM

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Your daughter's I-130 petition on your behalf will not be denied as a result of the DUI and voluntary departure. However, in order to apply for adjustment of status (permanent residency) you will need to file a motion with the immigration judge to reopen your removal proceedings to allow you to file the I-485 application with the court or to terminate the proceedings so that you can file the application with USCIS instead.
Answered on Nov 14th, 2013 at 3:47 PM

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