I am currently going through my immigration application, I-797C permanent residency.
Is it possible that I can be deported due to these convictions, or if I received jail time can I be deported as a result?
The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.
You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You should contact a criminal defense attorney to address the charges. A conviction will most likely not render you removable but can have an impact on your application for permanent residency.
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I agree with Mr. Schmidt. A knowledgeable criminal defense attorney that understands immigration consequences of criminal convictions helps a lot.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
Criminal Defense Attorney
In addition to speaking to an immigration attorney about the consequences a conviction would have on your immigration status, you need to speak to an attorney who handles DWI cases and other traffic tickets to represent you who can meet with you in person, evaluate the circumstances of your case, including your driving history and advise you accordingly on how you should proceed in this matter. You are strongly urged to contact an attorney to schedule an in person consultation prior to the date you are scheduled to appear in Municipal Court.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.
I would strongly recommend that you consult an immigration lawyer, whether myself or one of my colleagues. An immigration lawyer can protect your interests and prevent you from jeopardizing your ability to ultimately become a U.S. citizen. A DUI is a grave concern for a person who has not yet acquired U.S. citizenship. It's worth consulting an immigration law practitioner.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Speeding / Traffic Ticket Lawyer
A "Plain Vanilla" DWI will typically NOT affect your adjustment of status. If there are other factors involved with your DWI (an accident resulting injury, for example) then the game changes. If there are several DWI's you run the risk of being classified as a "habitual drunkard" and are thus inadmissible. Please see www.njcrimmigration.com.
Personal Injury Lawyer
a DUI is not criminal in NJ but it can still impact your immigration status. To give you a reliable answer i would need to review discovery regarding your DUI as well as your Immigration history.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.