He was charged with a DUI. Hes illegal. Hes got one biological daughter with severe health problems. Hes got a son who's not biologically his but he calls him dad. the son doesn't know hes not his dad. the children are not with me. they're with his ex. he provides them with everything they need. he has them half of the time. the mother has mental health issues and cant do it on her own. hes in college. he has a place to live. he is on L&I so he has income. he has never been in trouble here. this is his first. we plan to get married soon. we need him out.
You start by having with a local immigration attorney.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
10 lawyers agree
Get a Washington immigration attorney to counsel with him and to coordinate with his criminal attorney. Tell him to make sure to tell his criminal attorney of possible immigration consequences to any plea and have the two attorneys talk to each other. His immigration attorney can counsel him on any relief or prosecutorial discretion he may be entitled to based on the equities such as you have indicated.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
The other attorneys are correct - these situations really require collaboration between a criminal attorney and and immigration attorney. When I work on cases in Kitsap with the public defender, as an immigration attorney it's my job to help the criminal attorney find the solution that will do the least harm to the immigration case. It may not be possible to get the hold removed. The immigration attorney would need to get a bond in immigration court
Please do not rely on this general information without consulting an attorney. There may be facts about your situation that would be very important to how an attorney would advise you to proceed. An attorney would need to talk with you in detail before giving you specific advice.
Criminal Defense Attorney
I agree you will need help from an immigration attorney as well as criminal defense. Regardless of whether or not your fiance is guilty of DUI, he will have to post a bond to get out of ICE custody. It is very important that he not sign any paperwork without the presence of an attorney. A criminal attorney must advise him that any plea he makes may affect his immigration status, and that immigration courts determine what a 'conviction' is for immigration purposes differently than state courts. He may still have a chance to cancel removal if he's been here long enough, but his conviction may affect this option, especially if it will prevent him from showing the good moral character required for US citizenship. Once deportation or even voluntary removal is on his record, it may be very hard to return.
Liz Hallock, Vancouver, WA