I have a court appearance and am charged with DUI and Reckless Driving.

Asked over 1 year ago - Lebanon, NJ

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?

Attorney answers (9)

  1. Christian Schmidt

    Contributor Level 19

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    Lawyers agree

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    Answered . 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.

  2. Yolanda Navarrete

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Irene Vaisman

    Contributor Level 20

    4

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    Answered . 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.
  4. Dean P Murray

    Contributor Level 18

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    Answered . 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
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Inara Khashmati

    Pro

    Contributor Level 13

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    Answered . You need a very good criminal defense attorney in your state. Any records could impact your case, speak to immigration attorney in person. Good Luck!

  6. J Charles Ferrari

    Contributor Level 20

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    Answered . 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... more
  7. Jeffrey Anthony Skiendziul

    Contributor Level 16

    3

    Lawyers agree

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    Answered . 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... more
  8. Eric M. Mark

    Pro

    Contributor Level 20

    3

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    Answered . Yes, a DWI can impact your immigration. Whether it will or not depends on the specific facts of your case. Get a good DWI lawyer. Get a good immigration lawyer.

  9. Ronald P Mondello

    Contributor Level 6

    3

    Lawyers agree

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    Answered . 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.

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