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What are my chances of not being deported if I was caught with dui and was detained by ice then I got married in good faith

Stanton, CA |

I am in removal proceeding and I have an anklet that the ice wants me to wear all the time. I was detained because they got me for dui and found out that I overstayed my tourist visa. Now I got married to my husband (same sex marriage) in good faith and he doesn't want me to get deported. We are going to file the I130 and I485 together. I still have no court date. When will my anklet be removed? What's my chance of not getting deported? Please help when will I have to face my dui charges?

Attorney Answers 4


  1. I strongly recommend you see an immigration attorney, as criminal offenses can have significant consequences on your immigration status.


  2. You have an excellent chance of not getting removed and obtaining a green card instead if you immediately hire the best immigration lawyer money can buy. Your GPS device will be removed once the judge agrees to terminate the removal proceedings against you and you are allowed to proceed with your marriage based adjustment off status case. Need to have a good criminal defense lawyer to take care of your DUI case. A single one will not render you removable, but a second or a third one might..be careful.

    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.


  3. You have a good chance of not being deported. Do you have any other criminal background? You should have an attorney assist you with this process.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


  4. You would have to file a Motion with the Judge to seek any modification of your custody conditions. If you married after the NTA was issued, the marriage will be presumed fraudulent by the USCIS, unless you can establish by clear and convincing evidence that this is a bona fide marriage. The Judge would have jurisidiction over any application for adjustment of status as well, not the USCIS.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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