Immigration Consequences of Criminal and Driving Under the Influence of Alcohol Adjudications
Immigration & Nationality Law
Foreign nationals can lose their lawful permanent resident (“LPR”) status or lawful nonimmigrant status, become removable, and be placed in removal proceedings as a result of the adjudication of criminal charges or certain charges involving driving under the influence of alcohol. Adjudications of criminal charges and certain charges involving driving under the influence of alcohol can also result in the denial of immigrant or nonimmigrant visa applications, denial of applications to change nonimmigrant status and applications for adjustment of status to LPR status, denial of admission to the United States, and loss of eligibility for relief in removal proceedings. The immigration laws governing the consequences of criminal adjudications and driving under the influence of alcohol are quite complicated and require legal advice from attorneys experienced in such matters. For example, whether a crime makes a foreign national removable or inadmissible depends on many factors, including whether a particular crime is considered a crime of moral turpitude or an aggravated felony and in some cases the length of the sentence and how long after admission to the United States the crime occurred. Moreover, a state court adjudication of a criminal charge can result in a conviction for immigration purposes even if the adjudication is not considered a conviction under state law.
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The best time to obtain legal advice about the immigration consequences of criminal adjudications or a charge of driving under the influence of alcohol is before a foreign national pleads guilty to a charge, admits having committed the elements of the crimes or goes to trial. HSPRD attorneys are experienced in advising foreign nationals and their criminal defense attorneys regarding the immigration consequences of the adjudication of criminal charges and charges of driving under the influence of alcohol. We help foreign nationals and their criminal defense attorneys develop strategies for the adjudication of such charges which may avoid immigration consequences and or make any consequences less severe.
When foreign nationals have already been convicted of crimes with immigration consequences, we advise them and their criminal defense attorneys concerning the possibilities for vacating pleas of guilty and convictions on modifying sentences in order to eliminate the immigration consequences or reduce their severity. HSPRD attorneys have many years of experience defending foreign nationals in removal proceedings which were initiated against them on account of their criminal records or driving under the influence of alcohol offenses.
Wherever possible, we help foreign nationals in removal proceedings on account of their criminal or driving under the influence records challenge their removability and seek relief from removal.
To schedule a consultation with HSPRD attorneys regarding the immigration consequences of criminal or driving under the influence of alcohol adjudications, please contact our Firm at 312-239-7676.
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