Get a good lawyer in the Fremont who posts a response to your question. The DUI alone would probably not result in deportation, unless certain classes of crimes, generally consisting of a felony or crime of moral turpitude---Also, the Federal Government may not necessarily adopt the state classification. There are different circumstances that could result in deportation. Criminal conduct that may result is described generally as follows from the Immigration Visa Website (See link below): (1) An alien or lawful permanent residence (green card holder) is deportable if the person is convicted of a crime involving moral turpitude and was committed within 5 years of admission and the crime convicted may impose a sentence of one year or longer. (2)An alien or lawful permanent residence is deportable if after admission the person is convicted of two crimes involving moral turpitude and the two crimes arose not from one single scheme of criminal conduct. (3) An alien or lawful permanent residence is deportable if committing aggravated felonies at any time after admission.
The fact that your boyfriend is in the United States illegally could alone be a basis for deportation. Whether Immigration Custom Enforcement bothers is another story.
Your boyfriend needs to hire an aggressive attorney ASAP to fight the DUI. The attorney should work to minimize any future immigration consequences your boyfriend might face if eventually attempts to gain legal immigration status through marriage to you. Good luck.
It's not clear from your question if he is still in custody. If so, he may have an immigration hold. If so, he very well could be deported. If he is not currently in custody, it is imperative that he not go back in to custody. Beyond that, I suggest that you and he consul with a DUI attorney and am immigration attorney. Good luck.
When non-citizens are arrested and booked into jail they sometimes have immigration holds placed on them to prevent their release. If it was a misdemeanor DUI first offense DUI, meaning there was no injury or death involved, and he was released after a few hours, then ICE is not likely to get involved at this point. If your boyfriend is convicted of a DUI he should be referred to a Sheriff's work program in lieu of actual jail time so he will not have to risk ICE being notified.
Once you're married, you should file a petition for him and consult with an immigration attorney regarding adjustment of status to permanent resident.
Not for the first time DUI.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Your boyfriend should not be deported but I have had past clients get deported on a DUI case. They did have a prior deportation though, which is hopefully different from your current situation.
A DUI is not a crime of moral turpitude or a violent crime so it should not give rise to an ICE hold. If your boyfriend is out of custody now, he should be safe from deportation on this charge.
If this is a first DUI, and if your boyfriend does not have a prior criminal history, then he should not be deportable on the basis of the DUI conviction alone.
Be sure to get in contact with an immigration attorney to discuss your options.
Unfortunately this problem is very common.
Here's what is probably happening. He is in jail with an ICE hold. Once he is able to leave jail, he will be picked up by ICE. He will be interrogated about his situation. The ICE officer will make a determination to offer him bail or make him go to San Francisco for a bail hearing where he will explain his case and tell the judge why he deserves bail. The judge will offer him bail or decline. If offered bail, you can post the bail amount and he will be able to fight his deportation from the outside. If bail is declined, he will fight from inside and the case will progress much more rapidly.
He has options, but you need an immigration and criminal defense attorney. Bail hearings, immigration hearings, and criminal court hearings are all very scary things. Do your family right.
Thomas J. Baker
Law Office of Daniel M. Wigon
Bay Area Immigration and Criminal Defense Attorneys
Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.