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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.

Wichita Falls, TX |

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

Attorney Answers 2


  1. 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. If possible, hire an attorney who is a member of the National College of DUI Defense, who is familiar with your jurisdiction.


  2. 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 Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. William A. Young, Jr., is not, nor does he claim to be, a specialist. Nothing contained in this response creates an attorney-client relationship. All material contained in this response is intended to be informational only. It is not legal advice, nor is it a guarantee of any kind and should not be relied upon as such. William A. Young, Jr. is not liable for any use of the information provided. An attorney-client relationship is not established until both the attorney and prospective client agree to the representation in question. Prospective clients are welcome to contact William A. Young, Jr., electronically or otherwise, to discuss their potential case with him. However, please do not submit confidential information to William A. Young, Jr. unless an attorney-client relationship has been formed. General information posted to websites such as this one are absolutely not a substitute for the advice that only a skilled, licensed attorney who practices regularly in your area can provide after fully evaluating the facts of your case.

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