Can an illegal immigrant get deported from a DUI?

Asked over 1 year ago - New York, NY

A family member was arrested for DUI a few days ago. About 10 years ago he was involved in a big fight where he was arrested and did time for that. After he did his time he voluntary when back to his country, however, he returned 3 months after ILLEGALY. He is in police custody right now for this DUI and I'm guessing for not having documentation. Other relatives hired an immigration lawyer, who said that can get him out without getting deported. I believe this is scam and he's should go back to his country and never come back,, but they won't listen. Is this possible? For an illegal immigrant who has a criminal record from 10 years ago, left the country, came back right away, and now has a DUI, to not get deported?

Attorney answers (3)

  1. Boris Alexander Palant

    Contributor Level 16


    Lawyers agree

    Answered . His DUI may be the sauce. What may be the beef is his illegal entry if this is what happened. However, without knowing all the facts, it is impossible to predict the outcome. Only an experienced and unscrupulous lawyer can assess his chances of not being deported.

  2. Christopher Irvin Simser

    Contributor Level 19


    Lawyers agree

    Answered . I suggest you review the answer of attorney Alexander Ivakhnenko. I could not add anything to what he has already said.

  3. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyers agree

    Answered . Regardless what you think, you are not the deciding authority to remove people form the United States.
    Also, anyone is entitled to legal representation, even a person with a pending DUI charge and undocumented presence. Besides, he has an attorney who is dealing with that professionally, therefore, do not use Avvo to express personal animus against someone, since you do not have a personal involvement in his cases.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and criminal records

An arrest for DUI will show on your arrest record, and a conviction for a DUI-related criminal offense will show on your criminal record.

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