I did not know it was considered an accident due to the fact that I barely touched his bumper and that was absolutely no damage to either vehicles. Also, I was driving alone and was scared to stop. I have a permanent green card, and this is my first offense.I am in nursing school, graduating with highest honor so far and have a son who is an American citizen. My question is: can or will I get deported? Any advice will be appreciated.
Criminal Defense Attorney
I'm not an immigration attorney but I think you can only get deported for felonies or crimes of moral turpitude. But you would want to check with an immigration attorney just to be on the safe side.
Criminal Defense Attorney
This is an immigration question and should be posted in the immigration section. The criminal courts do not deport or start deportation proceedings, nor are they required to advise you of the immigration consequences of your case. Immigration is a federal issue and needs someone who understands both the state laws and the immigration laws to give you an opinion on how the federal laws will view the state conviction.
Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.
Child Custody Lawyer
Actually, under the United States Supreme Court decision Padilla v Kentucky your attorney must advise you of the possibility of deportation in your case. Furthermore, the Michigan Supreme Court has proposed a court rule that would require judges to warn defendants of potentially adverse immigration consequences when accepting a plea of guilty or no contest. Furthermore, please be advised that accepting a deferred adjudication or delayed sentence still constitutes a "conviction" for immigration purposes.
You are unlikely to be considered deportable on the basis of the OWI, which has consistently been held not to constitute a crime of moral turpitude. Futhermore, in a 2009 decision the immigration appleals court ruled as follows with regards to hit and run: "Although the U.S. Court of Appeals for the Fifth Circuit has held that failure to stop and render aid following a fatal auto accident in violation of Texas law is a crime involving moral turpitude, see Garcia-Maldonado v. Gonzales, 491 F.3d 284 (5th Cir. 2007), the applicant's conviction is distinguishable. Here, the applicant was convicted of misdemeanor hit and run, which necessarily resulted only in damage to property. See Va. Code Ann. 5 46.2-900 (1994). This conduct does not reflect the "inherently base, vile, or depraved," behavior found in moral turpitude offenses. Perez-Contreras, 20 I&N Dec. at 617-18. Further, a violation of the Virginia hit and run statute does not require evil intent. See Va. Code Ann. fj 46.2-894 (1994); cJ: Matter of M-, 3 I&N Dec. 272 (BIA 1948) (holding that maliciously and wantonly injuring and destroying personal property of another is an offense involving moral turpitude). Accordingly, there is no basis to find that moral turpitude inheres in this misdemeanor conviction."
Therefore, your failure to stop is unlikely to be considered a crime of moral turpitude either. However, I highly recommend that you discuss all of the facts and circumstances of your particular case with an immigration lawyer.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com