I am an international student from Sweden and I have been here in the US for five years. Two years ago I got a DUI here in Iowa, but everything is taken care of by now. I am taking a break from my studies this year, and I know that I have to re-apply for a student visa when I want to come back. How will my previous DUI affect my application? How should I approach this?
You need to hire a lawyer to evaluate your case. DUIs are considered serious. Is this your first? How was it disposed of? What was the outcome of the case?
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
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DUI / DWI Attorney
There is a risk that you could be denied admission when you reapply. Did your attorney advise you of the potential consequences to your admission status if you entered a guilty plea to OWI? It may be ineffective assistance of counsel to allow you to plead guilty to the offense without advising you to consult with immigration counsel beforehand. While OWI may not necessarily be a "crime involving moral turpitude" that would render you ineligible for admission, there may be other aspects of the charge or related charges to which you may have also pleaded guilty that may be used to enhance the offense to one that makes you inadmissible. You should speak to an attorney who specializes in immigration law before leaving. I suggest JoAnn Barten in Ames, Iowa.