CASE PENDING WITH IMMIGRATION TO CHANGE STATUS, I AM A U.S. CITIZEN AND WE HAVE BEEN MARRIED ALMOST 9YRS
He may be placed in removal proceedings, however, he may still be eligible to pursue his green card in those proceedings. Consult with an immigration attorney for the best advice.
If this is his third DWI, I would add that he should also consult with an experienced DWI attorney to work together with the immigration attorney to achieve the best outcome possible. Best of luck.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
It is likely that he will be placed in deportation proceedings. You need to contact a DUI attorney and immigration attorney as soon as possible
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
If your husband is a lawful permanent resident, he may be subject to removal or inadmissibility should he leave the country and try to come back. He may also be subject to removal/deportation if he's a non resident immigrant. It's only a matter of time ICE initiates this process. You need to consult with an experienced lawyer who is well versed in both immigration and criminal law. There may be relief available to him even after he receives a Notice To Appear or is detained by ICE.
Criminal Defense Attorney
You certainly want to get your husband an attorney or attorneys that specialize in criminal law and immigration in your area of TX, DO NOT GO IT ALONE!
His immigration hold is probably more related to the fact that he is facing a felony rather than the charge of DWI. Is there any way for him to post a criminal bond so that he can go to Immigration before he has to face a conviction for his DWI 3rd? He would probably have higher chance of bonding out from immigration without the 3rd conviction than if he is already convicted of a felony. Since he has an immigration hold, he will eventually have to face immigration. Why not do so without a 3rd conviction? Unfortunately, he truly needs to get a criminal lawyer, an immigration lawyer (focus on deportation) and alcohol abuse treatment.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney-client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Maria Tu, 2800 West Parker Road #110, Plano, Texas 75025 972-964-8366 http://mariatulawoffices.com
He will be deported unless you can get the proper documents filed with the USCIS to stop the process due to your legal status.
Hire a qualified immigration lawyer ASAP.
I hope this helps. It's the best answer I can give with the facts in the question.