I got 3rd DUI in August 2009, 2nd was in December 2002 and 1st was April 2001. I was sentenced 120 days in jail and 5 years of probation.
I paid 45 days in jail in December 2009 and I completed all programs ordered by the court,
I'm a lawfull resident (green card) and need to travel to my country. Everybody said me that 3 misdemeanor during 10 years is a felony and when I want to enter back to USA the immigration officer can arrest me and deporting me.
When I received the papers court said: misdemeanor not felony.
Actually the 1st DUI has more than 10 years, How many DUI's count to immigration?
Immigration Department can deny my application to renew my resident card when expire in March 2015?
I really appreciated your advice in this matter, Thanks
This is why you should talk to an attorney and not just some idiot friends that have no idea about the law and talk out of their behind. You were never charged with a felony and three DUI’s even within 10 years is still a misdemeanor. Additionally three DUIs will not look great but it does not rise to the level or moral turpitude. I would suggest hiring an attorney for your green card renewal but there is no issue with the travel unless the country you going to does, Canada would be one.
Thanks for your posting.
The answer to your question is that a DUI with a sentence under one year is not an aggravated felony, is not a crime of moral turpitude, and is not an excludeable or deportable offense.
However, a rarely used section of the Immigration and Naturalization Act (INA) does allow exclusion or deportation based on medical issues, and names alcoholism. It's conceivable that an ICE officer may use that to start deportation issues with more than one DUI.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.
Simple DUI, with no aggravating factors, is not a crime involving moral turpitude (that will make you inadmissible upon trying to reenter into the United States). Likewise, felony DUI (based on multiple simple DUI convictions) is not a crime involving moral turpitude.
However, over the past decade, the Board of Immigration Appeals (BIA) has struggled with crimes involving driving under the influence. Operating while intoxicated offenses fall under the larger cannopy of crimes of violence. It is recommended that fresh research be conducted every time a DUI case arises because BIA precedent (and federal court) cases have been inconsistent on the issue of whether DUI is a crime involving moral turpitude.
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