Why would My husband be told by the lawyer that he is worried about his case for a DWI just because he is a resident.

Asked about 2 years ago - Wichita Falls, TX

We have three kids going on our fourth
would they really remove his green card?

Attorney answers (2)

  1. James Richard Butler

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Please don't misconstrue the lawyer's concerns. I would be more worried if the lawyer didn't mention potential immigration consequences of a DWI conviction. Those of us who defend DWI cases are guided by a Supreme Court case called Padilla vs. Kentucky. This case tells us to be sure and inform our non-citizen clients that a conviction for DWI may result in their deportation or denial of naturalization under Federal Law. If the crime is one for which deportation is mandatory, the client must be informed that pleading guilty will result in their deportation or denial of naturalization. The Supreme Court decision extends the sixth amendment right to council to immigrants facing criminal charges. “The severity of deportation – the equivalent of banishment or exile,” writes Justice John Stevens in the court’s opinion, “only underscores how critical it is for counsel to inform her non-citizen client that he faces a risk of deportation.” I hope this alleviates your concerns. I defend DWI cases exclusively, and I have never had a client deported for a Misdemeanor DWI conviction. That being said, I would advise you to seek the advice of an immigration attorney, to advise you on the potential immigration consequences of your husband's case. I hope this information helps.

    My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer.... more
  2. William Alton Young Jr.

    Pro

    Contributor Level 9

    Answered . It is an ethical obligation of all criminal defense lawyers to at least inform our clients that they may face immigration consequences as a result of their criminal prosecution. If you are concerned, contact an immigration lawyer in your area who will be able to give you precise advice about any immigration consequences in your area.

    Legal Disclaimer: Unless otherwise noted, Tennessee attorneys are not certified as specialists by the Tennessee... more

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