I have been convicted for my 3rd DUI in the state of FL, i was sentenced to 11 months and 29 days (i served 8months and 2 weeks ) i got released on October 2011. I have been with my girlfriend for 6 years , we are planning on moving to North Carolina in 2 months and get married. Is there anyway i can obtain a green card? I have done all my DUI assessments/classes , counseling and i even volunteer in Church, Food Drives for needy families, and Goodwill.
Get an experienced immigration attorney once your married to assist you.
Ms. Weller's firm is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
You've detailed a fine question; sadly you've posted it in a forum where you are extremely unlikely to get a competent answer.
I am a criminal lawyer (as will be the vast majority of attorneys who see your question as posted) and you really should address this issue with an immigration lawyer, so I suggest that you remove and repost this question.
When you do so you should not identify "criminal defense" as a practice area as yours is not a criminal defense question. Instead you should identify "immigration", "citizenship", "green card", etcetera (I am not familiar with what practice areas Avvo will allow you to tag but hopefully you get the idea).
Further, when you repost I would not tag "convictions, "criminal defense" or "DUI" and instead I would try to tag the practice areas that I identified above. The idea is to attract the appropriate lawyer to your question, so remove and repost accordingly and you will increase your odds.
I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
There is no such thing as a "guarantee" to anything in life. That seems to be a very harsh sentence. Usually one gets probation. You need to consult with an immigration lawyer regarding your status. Good luck and no more arrests!
It is not guaranteed.
Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.
It is not very likely that you will receive your green card, but not impossible. A Florida DUI conviction alone is not considered to be a crime of moral turpitude or any other type of offense that would prevent you from getting a green card just for the conviction alone. Even multiple Florida DUI convictions alone would not prohibit you from getting your green card. However, the immigration officer may deny your green card application based upon discretion i.e. finding that you are a danger and that they do not think you merit receiving a green card. I think it is likely that the officer would deny your application based on discretion, but again it is possible that you could get someone lenient. You should definitely consult with and hire a competent immigration attorney in your area if you decide to apply for your green card.
I agree with Ms. Sophia. After practicing DUI defense for over 26 years, and partnering with several immigration counsel regarding DUI related immigration issues, I can tell you that your DUI conviction, even if it is a third conviction, can be dealt with and will probably not preclude you from obtaining your green card. The United States Supreme Court has held that DUI is not a crime of moral turpitude and is not a crime to be used to deny you immigration status. DUI is the kind of crime that you can apply for and obtain an immigration pardon for. Even though two or more misdemeanors can preclude you from obtaining certain immigration benefits, there are pardons that apply. My colleagues are correct in asserting that no one can guarantee anything in the law. They are also correct that you should consult a competent immigration attorney and present them with your plight. You are likely to obtain the relief you are requesting.
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.
Dear Sir or Madam, in many instances, the USCIS will renew a green card even if the applicant is subject to removal. However, in order to assess the risk, I review whether my client is subject to any deportation, and if so, whether he is eligible for any relief. Please have your case evauated by an immiration expert. Best regards,