You need a good family law attorney and a good immigration attorney to properly protect your legal rights in that above elaborate and rather complex scenario to qualify for subsequent Permanent Lawful Residency after removal of the condition of that temporary LPR.
The uncle is in a predicament: he has a pending criminal case an a removal case. Your uncle needs both California licensed criminal defense counsel and an immigration attorney to work closely to protect his rights.
In my professional opinion, you have to retain a good criminal attorney without a doubt. Representing yourself pro se or dealing with any serious criminal charge without any legal knowledge would be as effective as pulling your teeth by yourself.
The most efficient approach to your family plans is to marry your fiancé abroad, apply for your U.S. Naturalization by filing N400, without any snags or delays that should take between three to six months (provided you pass the civic exam and meet all the requisites).Then you could apply as a U.S. Citizen to petition for your spouse by filing I-130.
That would be more efficient and will save costs of trying at first an LPR AOS, then a change to a USC AOS. In any event, consult a good...
An isolated online paragraph cannot possible substitute the presence of a knowledgeable attorney who should expertly handle such Hearing. In my opinion going through this process without a good counsel will greatly diminish your effective presentation of the rehabilitation.
Oh well, there is always the Divvy bicycle program available, I suppose.
You mention some factual parameters that are used in a legal analysis of the totality of circumstances to determine whether a custodial of involuntary interrogation may lead to an affirmative defense in any given Motion to suppress evidence.
Like in any trade, it is fine art as each good attorney painstakingly analyses all facts and relevant case law to advance such legal premise in court.
To do it on Avvo is absolutely impossible. Like suggesting to fix the car brakes by phone for a car...
A successfully completed misdemeanor DUI is not a preventive factor to your case. You may request your official court disposition of your court case at the court's clerk of the jurisdiction where you case was heard.
Naturally, any federal submissions you prepare must be carefully reviewed by a licensed immigration attorney, in my opinion.
Before you leave the U.S. contact the Court of the Criminal Court where the DUI case was adjudicated, according to you, and obtain a final Criminal case disposition then show that record to a practicing immigration assessment for further review whether anything needs to be done at present.
There are several potentially sound legal remedies available, such as fling Motion to Compel, a possible argument for obstruction of justice, mistrial and other legal venues which cannot be properly assessed online by random attorneys who know nothing about your particular criminal case.
The best person to make such decision is your counsel of record.