Hi again, I have 3 DUI's, 1st was sentenced 1 day jail, 2nd sentenced 60 days jail, & 3rd at 120 days in jail. Aggregated means the total time in jail, in my case will be 181 days or not?? the paragraph below belongs to INA laws: Thanks
Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.
"Aggregate sentences" usually refers to the maximum possible that COULD HAVE BEEN imposed under the law. The actual sentences and/or time served are less relevant. Another issue to start looking at is how recently these DUI's took place. When was the most recent offense?
If they were at least 5 years ago, you have better chances at obtaining a waiver for these offenses. (stop drinking and driving!)
Using your math, you have 181 days of actual confinement. What could have been imposed is irrelevant. You are inadmissible under INA 212(a)(2)(B). Travel is inadvisable in your situation.
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While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.