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?
DUI / DWI Attorney
See my answer to your previous question.
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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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016
General Practice Lawyer
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.