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Can my boyfriend get deported for getting a first time DUI?

Fremont, CA |

My boyfriend got stopped from a police officer, unfortunately, he is illegal in the USA and also drank alcohol that night. he has his court in a week, and probably he is going to get a DUI, will he get deported? We're also engaged. I'm a us citizen. what can happen in this situation?

Attorney Answers 8

Posted

Get a good lawyer in the Fremont who posts a response to your question. The DUI alone would probably not result in deportation, unless certain classes of crimes, generally consisting of a felony or crime of moral turpitude---Also, the Federal Government may not necessarily adopt the state classification. There are different circumstances that could result in deportation. Criminal conduct that may result is described generally as follows from the Immigration Visa Website (See link below): (1) An alien or lawful permanent residence (green card holder) is deportable if the person is convicted of a crime involving moral turpitude and was committed within 5 years of admission and the crime convicted may impose a sentence of one year or longer. (2)An alien or lawful permanent residence is deportable if after admission the person is convicted of two crimes involving moral turpitude and the two crimes arose not from one single scheme of criminal conduct. (3) An alien or lawful permanent residence is deportable if committing aggravated felonies at any time after admission.

The fact that your boyfriend is in the United States illegally could alone be a basis for deportation. Whether Immigration Custom Enforcement bothers is another story.

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Posted

Your boyfriend needs to hire an aggressive attorney ASAP to fight the DUI. The attorney should work to minimize any future immigration consequences your boyfriend might face if eventually attempts to gain legal immigration status through marriage to you. Good luck.

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Posted

It's not clear from your question if he is still in custody. If so, he may have an immigration hold. If so, he very well could be deported. If he is not currently in custody, it is imperative that he not go back in to custody. Beyond that, I suggest that you and he consul with a DUI attorney and am immigration attorney. Good luck.

Jasen Nielsen

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Asker

Posted

He's not, he still has to go to his court day. He never gone to court, this Friday is his first court. He doesn't know the charges yet. But we think he's going to get a DUI. Don't know what to do for the first court. He is getting a public defender because we do not have enough money to afford a lawyer.

Posted

When non-citizens are arrested and booked into jail they sometimes have immigration holds placed on them to prevent their release. If it was a misdemeanor DUI first offense DUI, meaning there was no injury or death involved, and he was released after a few hours, then ICE is not likely to get involved at this point. If your boyfriend is convicted of a DUI he should be referred to a Sheriff's work program in lieu of actual jail time so he will not have to risk ICE being notified.

Once you're married, you should file a petition for him and consult with an immigration attorney regarding adjustment of status to permanent resident.

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Posted

He is going to court for the first time this coming Friday. Not sure what the charges are yet, but probably DUI and speeding. There was no injury or death. He was in jail for overnight and they let him out the next morning.

Posted

Not for the first time DUI.

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Posted

Your boyfriend should not be deported but I have had past clients get deported on a DUI case. They did have a prior deportation though, which is hopefully different from your current situation.

A DUI is not a crime of moral turpitude or a violent crime so it should not give rise to an ICE hold. If your boyfriend is out of custody now, he should be safe from deportation on this charge.

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Posted

If this is a first DUI, and if your boyfriend does not have a prior criminal history, then he should not be deportable on the basis of the DUI conviction alone.

Be sure to get in contact with an immigration attorney to discuss your options.

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Posted

Unfortunately this problem is very common.

Here's what is probably happening. He is in jail with an ICE hold. Once he is able to leave jail, he will be picked up by ICE. He will be interrogated about his situation. The ICE officer will make a determination to offer him bail or make him go to San Francisco for a bail hearing where he will explain his case and tell the judge why he deserves bail. The judge will offer him bail or decline. If offered bail, you can post the bail amount and he will be able to fight his deportation from the outside. If bail is declined, he will fight from inside and the case will progress much more rapidly.

He has options, but you need an immigration and criminal defense attorney. Bail hearings, immigration hearings, and criminal court hearings are all very scary things. Do your family right.

Thomas J. Baker
Law Office of Daniel M. Wigon
Bay Area Immigration and Criminal Defense Attorneys
925-338-9750
http://www.wigonlaw.com

Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.

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