Recently convicted of DUI - UK citizen with British passport. Divorced from American but have joint custody of our son. If I return to UK to see family will I have problems re-entering US?
It will depend on the type of DUI offense, and the specific violation of the specific criminal code you were convicted of. That is because if you were convicted of DUI it could be considered a Crime Involving Moral Turpitude or even aggravated felony, depending on the precise charge and statute. In any event it could prevent you from re-entering or could cause you to be able to re-enter only to be placed immediately in removal proceedings. Also your question does not have key facts, such as your current status such as LPR, nonimmigrant, etc. Consult a competent AILA attorney to discuss the immigration consequences of any criminal history.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).
DUI / DWI Attorney
It makes sense to speak with an immigration attorney, as they would be better suited to answer that question.
From the DWI/DUI criminal side, one would be remiss in failing mention the need to comply with each and every aspect of the Court's Order such as probation, treatment, fines, community service and if appropriate, travel restrictions.
Hope that helps. Mind the gap.
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
I agree with my colleague.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.