Can a person be deported when charged of a DUI with child indangerment felony?..when he is in the process of deferred act?
Salinas, CA |
My son was stopped by police for not making a stop right..he was charged with DUI and child indangerment felony.. How long would he be sentenced in jail?.. And will he be deported for that even though he was in process of the deferred act?
This is probably a better question for immigration attorneys. That being said, I think a felony is an automatic denial of Deferred Action. He needs a criminal defense attorney to have his case reduced to a misdemeanor to qualify.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Your best bet is to hire a good criminal defense attorney and fight both charges. Your son will be ineligible for DACA if he is convicted of a serious crime possibly inclusive of DUI. Therefore, you may need to address the criminal case first.
Of course he will not be automatically deported.He will be issued a Notice of Hearing, can appear before an immigration Judge and seek any available affirmative relief. If he is free of criminal convictions, he stands a better chance in all of the above scenarios. Good Luck.
The jail issue for the criminal matter is different than removal. If convicted of a DUI, it is usually a bar to obtaining DACA. That said, there may be other avenues to keep him here in the U.S. and fight the deportation. Please retain immigration counsel immediately.