Will a dui affect my removal proceedings case?
5 attorney answers
You can apply for waiver only if (1) the false claim was made due to mistake, not intentionally; or (2) the false claim was made before enacting Illegal Immigration Reform and Immigrant Responsibility Act (September 30, 1996).
One exception is in the case of a foreign national, if each natural parent was a U.S. citizen, the foreign national permanently resided in the United States before attaining the age of 16, and the foreign national reasonably believed at the time of making such representation that he or she was a citizen. If this is your case, you have a chance to file for waiver.
Second exception is the date of false claim. If the false claim was made before September 30, 1996, you might be eligible to file for waiver unless the misrepresentation caused getting immigration benefits after September 30, 1996 (e.g. applying for grant in 1995 falsly claiming citizenship and receiving benefits in 1996-7 based on the false claim).
If none of these exceptions apply to you, you will be considered inadmissible in the US. Wish you luck
A Missouri Suspended Imposition of Sentence is a conviction for immigration purposes. Make sure your criminal defense attorney and you consult with a competent immigration attorney who handles removal defense before you agree to anything. As for the false claim, you will need a skilled immigration attorney to handle that matter. The regulations for DAPA come out (we believe) on January 5, 2015 and we can see if that will effect you then.
If the charge of false claim of citizenship sticks, it will be a death sentence for any immigration benefit in this country and make it irrelevant whether DUI would have any affect on your removal proceedings.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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Where is your immigration lawyer?
You need an immigration lawyer.
A false claim to US citizenship is one of the most serious immigration 'offenses' on the books.
In most cases people who make a false claim can never get greencards.
You need an immigration lawyer.
As for your step-daughter ... it is nice that you're taking care of her. But, if she isn't your blood-relative, you can't use the Obama program.
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.
To be eligible for DAPA you should not have any criminal issues in your record to speak of. A DUI can be serious, although if it is the only one and there are no aggravating circumstances you may be able to prevail in seeking relief, but it is a close call in any event. However, you have a much bigger problem if immigration authorities are saying you illegally claimed to be a US citizen as that is akin to the kiss of death to most any type of immigration relief. In other words: Go seek an immigration attorney to reperesent you immediately.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.