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Husband is in jail for DWI, he is illegal with a pending I-130. Do I need to hire both criminal and immigration attorneys?

Houston, TX |

Husband was arrested for DWI, he is in county jail. Charged for DWI, there is a bond set at $500 but he has an immigration hold. Bondsmen said its hard to find any bail bond that will help, to just pay bond and he will be sent to ICE. I contacted attorney, and said if I pay bond he will be sent to ICE where he can then ask judge for an immigration bond. He's been here since '99 no prior convictions, no deportations. Im a USC filed I-130, he just needed to go to the visa interview. He also said he may apply for a work permit, but what would happen to the petition I filed? And how would a criminal attorney help with the DWI case do I have to hire both at the same time?

Attorney Answers 6


  1. You need both, whether it's one attorney that does both or two separate attorneys.


  2. You need to speak with an immigration lawyer asap; and a criminal attorney asap. Yes, you need a DWI attorney and an Immigration lawyer. You may be able to find one who practices in both areas. Consult with the lawyers as to the time for retaining them, this will likely depend on your finances. If you can hire both right now, then you should likely do so.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.


  3. Hire a criminal attorney first. Your husband may be eligible to seek a provisional waiver for "unlawful presence," but a criminal conviction could make him ineligible. Consult an immigration attorney immediately thereafter.


  4. I agree with my colleagues, in particular with attorney Hanlon. His advice is sound. This matter is best handled with two (2) attorneys retained in the sequence he suggests.


  5. Hire both or an attorney who practices in both areas.


  6. You will likely need to hire both a criminal and immigration lawyer. The immigration lawyer to steer his immigration status and the criminal lawyer to get a result which doesn't warrant his deportation.

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