Will pleading guilty to a DWI with a child under 15 make the accused inadmisable for immigration purposes?

Asked almost 2 years ago - Fort Worth, TX

My fiance is 3 days away from signing a 12.44 (a) which will reduce the amount of time he's incarcerated but will leave a "state jail felony" in his record. We are thinking on telling the lawyer to reset the court date because it was not fully explained to us the effects it will have on his immigration status and if in the future he will have difficulty re entering the country legally. Since a DWI with a minor is not an "aggravated felony" does he still have a chance to become legal and be admisable versus just being inadmisable for over 3 years?

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . See my answer to your previous question.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Make the lawyer talk to an immigration attorney and explain all the 'problems' and 'consequences' to you.

    Mention the US Supreme Court case of Padilla ... which makes it a requirement that the criminal defense attorney explain things fully.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Tsirina Goroshit

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . Talk to criminal defense attorney and let him review Padilla case, consult with immigration attorney and let him look at penal code of your state and statues.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538... more
  4. Carmine John Giardino

    Contributor Level 14

    5

    Lawyers agree

    Answered . this is a question that should be addressed to his current lawyer. If he doesn't have an immigration attorney, you should consult with one.

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