Your tentative legal research is legally correct that the effects of certain criminal pleas are fatal to immigration cases.
DO NOT PLEAD to any criminal offenses, especially if the offense is felony until you have discuss any criminal consequences of such pleas with a good criminal and immigration attorneys. As they say you cannot unring the bell, and once an undocumented alien becomes an aggravated felon under the INA that person becomes statutorily inadmissible for any prospective immigration benefits.
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Signing a 12.44 does not make a case aggravated. It is either aggravated by the facts of the case or it's not. A DWI Child is not aggravated for the purposes of sentencing. How this will impact his immigration status is a question for an immigration attorney.
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Tex. Penal Code Section 12.44(a) is the reduction of a State Jail Felony punishment range to that of a misdemeanor. He would still have a felony conviction on his record if he were to plea to this. A conviction of DWI with Child Passenger can seriously affect his ability to stay within the United States and he could be subject to deportation and exclusion from the country. He really needs to consult an immigration attorney as to his chances of U.S. Citizenship, deportation, and possible exclusion from the United States. I will edit the practice areas to include immigration.
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I agree with other lawyers: you need to have an Immigration lawyer to review an offer before pleading guilty to anything.
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As my colleagues have ready made clear, once an alien is an aggravated felon there is no going back. However, as general rule, DUI with a minor is not "aggregated" for sentencing purposes. But before your fiancé pleads to anything, he needs to discuss the consequences of such a plea with both a qualified criminal defense attorney and a qualified immigration attorney in your area.
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