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Can an illegal immigrant get deported from a DUI?

New York, NY |

A family member was arrested for DUI a few days ago. About 10 years ago he was involved in a big fight where he was arrested and did time for that. After he did his time he voluntary when back to his country, however, he returned 3 months after ILLEGALY. He is in police custody right now for this DUI and I'm guessing for not having documentation. Other relatives hired an immigration lawyer, who said that can get him out without getting deported. I believe this is scam and he's should go back to his country and never come back,, but they won't listen. Is this possible? For an illegal immigrant who has a criminal record from 10 years ago, left the country, came back right away, and now has a DUI, to not get deported?

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Attorney answers 3


Regardless what you think, you are not the deciding authority to remove people form the United States.
Also, anyone is entitled to legal representation, even a person with a pending DUI charge and undocumented presence. Besides, he has an attorney who is dealing with that professionally, therefore, do not use Avvo to express personal animus against someone, since you do not have a personal involvement in his cases.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602



I never said that I was. Thank you for your comments, however, you did not answer the question. I'll also like to add that I do not have a personal animus, you just assumed that. I'm just concerned for my family who is trying to come up with $20,000 to pay for the lawyer's fees, which again, I believe it could be a scam.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


A criminal case and an immigration case are not scams. There are reality.


His DUI may be the sauce. What may be the beef is his illegal entry if this is what happened. However, without knowing all the facts, it is impossible to predict the outcome. Only an experienced and unscrupulous lawyer can assess his chances of not being deported.


I suggest you review the answer of attorney Alexander Ivakhnenko. I could not add anything to what he has already said.

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