DUI and Immigration Law

Can a First DUI Get You Deported?

February 20, 2017

Whether you’re a student on an F1-visa, a green card holder, or in the US for asylum, you don’t want to take your chances when it comes to deportation. A California DUI is serious for anyone, but for non-citizens, it can lead to a tragic deportation. We’ve entered a political climate where the US government is even harsher and swift when it comes to immigrants, as you’ve seen in the news. Here’s what you need to know about DUIs as a visitor to the US. According to section 237 of the Immigration and Nationality Act (INA),  a DUI itself isn’t necessarily a crime that will get you deported. However for a person who is here on a visitors visa, even […]

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Can a DUI be a Reason for Deportation Under New Immigration Policy of President’s Donald Trump ?

February 15, 2017

In this article, DUI Defense Lawyer discusses DUI as a Reason for Deportation. Click on the links below to go directly to your topic of interest. Mr. Trump’s Deportation Plan and DUI Consequences DUI Conviction and Criminal Record Can an Undocumented Immigrant with a DUI Conviction Get Support in California?  Jersey Vargas is a 13-year-old girl who is now fighting for her father, an undocumented immigrant. He was convicted of driving under the influence of alcohol in 2014. Her father is the only breadwinner and his deportation will bring family into poverty. In Los Angeles, there are more than 1 million of undocumented immigrants now who live in fear of deportation. Their families are very worried about such consequences. Mr. […]

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Can a DUI affect your immigration status in California?

July 6, 2016

This article discusses HOW a DUI Can affect your immigration status.  Click on the links below to go directly to your topic of interest. IMMIGRATION CONSEQUENCES AFTER A DUI TOURIST VISA B1/B2 AND DUI GREENCARD HOLDERS AND DUI DUI AND ASYLUM DACA AND DUI RECENT CHANGES IN IMMIGRATION LAW CATEGORICAL APPROACH IN DUI CASES   IMMIGRATION CONSEQUENCES AFTER A DUI If you got arrested for a DUI and you are not a US citizen, a DUI can have immigration consequences.  Because there are numerous immigration petitions, relief and statuses available to applicants, DUI will have different consequences depending on your immigration status.  DUI is a California offense, however, a conviction, can be used by federal immigration officials and judges to deny […]

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Categorical Approach for Immigration Law

May 4, 2013

There is a concept of “categorical approach” – it is used in immigration law to determine if someone is deportable or not. Shortly, under the categorical approach – only conduct covered in the statute of conviction and only with a conviction can an immigrant suffer immigration consequences.  Under the categorical approach the immigration court is not permitted to consider mere conduct and to go “beyond” the conviction by reading the police reports. In the last few years the categorical approach was severely limited by number of decisions and Attorney General opinion in Silva-Trevino 24 I&N Dec 687, that specifically permitted reading police reports. Moncrieffe v. Holder, a recent decision by USSC, not only excluded conviction for distribution of marijuana from […]

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DREAM Act and DUI (the Deferred Action for Childhood Arrivals Program)

October 13, 2012

If you have a open DUI case in Los Angeles and can qualify for this program, here is some information to consider before pleading guilty to a DUI in Los Angeles. As you might know, under recent President Obama’s executive order, USCIS permits young undocumented immigrants to apply for a “deferred action”, a possible path to a U.S. Citizenship.  Under this federal program, an applicant’s deportation (if he is in one) will be stopped and he will receive a work permit.  To qualify for deferred action, applicant must meet the following requirements: Must be under 31 as of June 15, 2012; Must be in the United States before turning 16; Must continuously reside in the United States since June 15, […]

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