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Is a DUI with bodily injury a deportable offense for a green card holder?

San Diego, CA |

My husband was sentenced to 3yrs in state prison. He did not have a hold when he was in county. I wanted to know if his offense of a DUI with bodily injury is deportable.

Attorney Answers 5

  1. Best answer

    Only if it were to be considered a "crime of violence". One would need to examine the exact language of the charges against you. Hopefully you'll hire an excellent criminal defense lawyer (not a "free" so called "public defender" who will immediately want to "make a deal" and sell you to the wolves..) who will know who to fight and drastically reduce the charges under which you'll be convicted and working hand in hand with an experienced immigration lawyer will greatly diminish and neutralize the immigration consequences of the conviction.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Your charge is complicated and without seeing the exact language of the statute we won't be able to precisely guide you. I agree with attorney Behar's usual excellent advice and would only add that in addition to hiring a great defense attorney for your criminal charges, you also need to see an immigration attorney in person to explore this charge's immigration consequences. If you can find an attorney in your area who practices in both immigration and criminal defense, that of course would be an excellent option for you. Best wishes.

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

  3. It could depending on the circumstances. Under the Chaidez and Padilla decisions, defense attorney has a legal duty obtain a disposition that does not result in deportation. Failure of the defense attorney to do so is grounds for setting aside a guilty plea due to ineffective assistance of counsel. Of course, if he was convicted by a jury, this would not apply.

  4. The fact he was convicted of DUI w/ GBI, and sentenced to prison, leads me to believe he was convicted of a "violent" felony (a "strike" offense). That, along with the length of the sentence, will likely be an issue with respect to his lawful status in this country.

    Consulting with, and ultimately retaining, a quality experienced immigration attorney is of paramount importance before the end of his sentence.

  5. The main issues regarding deportation, although not exclusive, involve whether the offense is a crime involving moral turpitude (CIMT) and/or an "aggravated felony". You should consult with an experienced immigration attorney who is well-versed in the laws governing deportation. Good luck!

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