You start by hiring a good traffic ticket/DUI lawyer in your area, who hopefully will also be familiar with immigration laws. You also need to have a private office consultation with an immigration lawyer in your area.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your options depend on a number of factors. How did your fiancé enter the United States? Did he come with or without a visa? If he came without a visa, then he may qualify to apply for an i601 waiver of unlawful presence. This application is complex and requires careful preparation by an immigration lawyer.
The i601 application is based on extreme hardship to the US citizen spouse. You can read more about it at www.swagatusa.com/educational-materials.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
My colleagues are correct.
Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Typically a first time, no injury DUI is not "a crime involving moral turpitude," this is a standard that the immigration authorities use to determine whether a crime is so bad that someone needs to be deported.
For example, Retail theft is one of these offenses. If a person is CONVICTED of a retail theft they may be deported. For a DUI it will depend on the severity of this particular DUI. The standard offer for a standard case is supervision which, by definition is not a conviction.
Do not think I am saying it is clear sailing, I am saying that there is hope for a positive resolution.
What I have done in these situations is work alongside a full-time immigration attorney. The gentleman I work with uses me to gain a working knowledge of criminal law for his field while he works with me to have a working knowledge of immigration law when it intersects with my area (DUI, traffic, criminal law).
In this situation, look for an attorney who does the same. Frankly, an attorney shouldn't be handling cases for illegal immigrants if they don't know anything about immigration law itself and have no context to answer any questions.
My Answers are only informational in nature and DO NOT constitute legal advice. This is a good thing because I like to speak to my clients and hear them out before giving them direct, personalized advice. Call, Email, or Text me to receive actual advice. Sincerely, Vijay R. Sharma, President of the Law Office of Vijay R. Sharma VRSLegal.com
An adverse outcome on the DUI charge will not necessarily result in his deportation. However, he needs to retain an experienced criminal defense/DUI attorney to represent him in connection with the DUI charge. Most of us provide free consultation. www.galivanlaw.net
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