Results 1 to 5 of 5
  1. #1

    Unhappy Travel After A DUI Conviction for a Green Card Holder

    Hi, I am a green card holder professional in AZ and find myself in a desparate situation. I have been charged with Class 6 felony for DUI. The alcohol level was marginally over the limit and it is my only offense in my record, but I had my kids in my car which aggravates it. My lawyer and I are doing all we can to get a plea for Class 1 Aggravated Misdemeanor at the next hearing. My questions are:
    1) If I am unlucky and get the felony conviction, will the USCIS deport me? What will be my options?
    2) To further complicate my situation, I am scheduled to leave for Europe for a short business trip, 2 days after my hearing. Even though I have filed a "motion to travel" in my court and am hoping to get it approved before my travel, I am highly afraid that while entering or exiting the U.S., they may detain me because of this DUI arrest and conviction? If I get a 24 hour jail time (hopefully not more), I may not be able to complete it before leaving. Will they arrest me and put me in a jail when I enter in the U.S. for not having completed whatever sentence I will get? I have family and long-term ties here.

    Any help will be highly apprciated. Thanks a lot.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: DUI conviction for a Green card holder and travel

    Q: What will be my options?

    A: One is to return to your homeland.

  3. #3

    Default Re: DUI conviction for a Green card holder and travel

    Thanks, but I thought that was understood.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DUI conviction for a Green card holder and travel

    You need to be very careful about the plea deal. The USCIS can treat you as convicted of the greater felony offense if you admit to that offense on the record as part of the plea. It would probably be best if you can plead "no contest" to the lesser offense, or at least if there were an understanding that your allocution will be limited to the elements of that misdemeanor offense and not the additional elements which would transform it into a felony.

    Right now your focus should be on getting a plea to the least significant offense possible, and avoiding pleading guilty to a felony, and avoiding confessing to a felony offense on the record. The potential effect on your immigration status could be much more profound if you do not, or cannot, do that.

  5. #5

    Default Re: Travel After A DUI Conviction for a Green Card Holder

    Thank you, Mr. Knowitall. I think that is very useful.

    1. Sponsored Links
       

Similar Threads

  1. Removal (Deportation) and Reentry: Green Card Holder with an Aggravated Felony Conviction
    By nulife in forum Immigration Issues
    Replies: 3
    Last Post: 07-30-2010, 03:27 PM
  2. Marriage: Green Card Holder Marrying an Expired Tourist Visa Holder
    By darwin in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 01-24-2009, 01:09 PM
  3. F Visas: F1 Holder Wants to Marry Green Card Holder
    By engineer06 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 01-18-2009, 09:54 AM
  4. Marriage: Green Card Holder Marrying F1 Holder
    By dara64 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 08-30-2007, 07:20 AM
  5. Legal Permanent Residency: Green Card Travel
    By GoBears in forum Permanent Residency and Naturalization
    Replies: 3
    Last Post: 05-29-2007, 02:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources