In 2001 i was arrested for DUI. I had been 5 days in jail and got released in O.R. One month later I left USA, when they called me for Court I was not there.
In 2008, getting Back on visit CBP arrested me and then a went to court and later tehey sent me back to Brazil. In court the judge gave me time served.
Generally, your initial exit was a deportation because you left during proceedings which triggered a 10 year bar if you had been in the U.S. longer than 1 year without status. Your second illegal entry and subsequent DUI and removal likely triggered a non-waivable/permanent 10 year bar. Talk with an immigration attorney for your case specifics, as this is only general guidance.
Mr. Moreno 'hit the nail on the head' ... there are facts missing from your question.
People aren't deported for a DUI ... they are normally deported for not being here legally ... or for more serious crimes ... like failure to appear.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If you have an in absentia order of removal, that needs to be resolved first. Retain counsel to obtain your immigration court file and analyze it accordingly. As well, you need to get a copy of your CBP file for that analysis. Do not enter the U.S. until your history is clarified and either the removal process is reopened and you are issued a parole document or you have an approved I-212 and a visa issued to you.
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Criminal Defense Attorney
Consult with an experienced immigration attorney as the reasons for your deportation seem to encompass a lot more than the DUI.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
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