My boyfriend does not have his papers to be here and he got a dui on 10/15 went to court on 10/16 was give court date for 11/28

Asked almost 2 years ago - Richmond, VA

I would have to get a divorce first my spouse and I have been llegally seperated for 5 years and no kids or property just dragging our feet but he both are ready to sign divorce papers. We have a cordial relationship.

Additional information

yes he is currently on an ice hold... I was reading and I read that if he will be a citizen after the court date everything will be okay. that is where I got the idea to try to expedite my divorce and marry him asap. we already talked about marriage but he did not want to push me to spend money for the divorce.

Attorney answers (4)

  1. Joseph Mcgrath

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . I represent those who are charged witb DUI in Richmond and nearby countie. It ierportant that he hire a lawyer as soon as he can. I

  2. Charles K. Kenyon Jr.

    Contributor Level 19

    2

    Lawyers agree

    Answered . I'm not sure if this is an immigration question or a DUI question.

    For immigration and piece of mind, you need to get your divorce completed.

    For the DUI, your boyfriend needs a lawyer who understands DUI / DWI / OWI / Drunk Driving Defense and Immigration consequences of criminal court matters. He needs that lawyer, now.

    Is he on an ICE hold?



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  3. Mordechai Elazar Book

    Contributor Level 11

    2

    Lawyers agree

    Answered . He needs to be careful in court. He should not plead guilty unless he consults with an experienced immigration lawyer as to the immigration consequences of whatever the prosecutor is offering. For that matter, he should spend money on a criminal attorney who can help in negotiating a proper plea (unless he is not guilty and can win, of course). Good luck!

    This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was... more
  4. Kimberly Schaefer

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Not only should he seek legal counsel for his DUI case, he should make sure that his DUI lawyer understands the potential immigration consequences that he could face.

    In addition, if your boyfriend is not in a lawful status there is a good possibility that his DUI case will bring him to the attention of Immigration and Customs Enforcement (ICE). This means that he could be placed in removal proceedings and have to appear in immigration court even if he wins his DUI case. He should consult with an immigration lawyer as soon as possible to explore what options he may have if he is sent to immigration court.

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