Deportation, Re-entry Will INS deport me because of my 1st DUI arrest!?

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me9uill0ry

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Hello there

I have been living in Colorado state peacefully since I got my green card 9 years ago. My green card was based on marriage.
On September of 2009 I got arrested for a DUI. I had no criminal record in the both Japan and USA, so this was my first arrest ever for any reason. My BAC was 0.137. DA is offering me a deferred FELONY provided probation and alcohol classes, because I ran away from patrol cars when I was pulled over...

My criminal lawyer asks "a misdemeanour" with probation so far...
My lawyer says I may have a bigger problem. Because I am a resident, not a citizen, I could face deportation, the reason is a FELONY.

If I plead guilty to the FELONY then immigration could possible review the case despite deferred judgement.

Is my DUI consider a CIMT? Actually I don't know yet what CIMT mean...
I am really scared if INS actually deports me...


Is this likely to happen to me? If so..., what should I do?
How can I stave off a deportation and stay in Colorado with my family?
Should I hire a immigration lawyer whenever I am deported on a court order!?


Thank you in advance for your time and assistance!
 
You are getting ahead of yourself a little. If you have the money I would take the plea deal to an immigration attorney to find out the answer to your question. I think if your felony is in deferral you should be ok, but if I were you before I took the deal I would run it by an immigration attorney.
 
I have already spoken to an Immigration lawyer whom I haven't hire her yet.
There is a 50-50 chance that I may be deported if I am convicted as "deferred FELONY", she told.
She is a business partner of my criminal lawyer.
I am not sure to hire this lawyer... Although we deposit a couple of hundred dollars, she doesn't response to my inquires!


If a plea-bargain is accepted, I am "a misdemeanor with probation" and I can avoid deportation in my future, I know!
If DA doesn't accept his plea-bargaining next week, my criminal lawyer would take my case to a trial.

If we go to a trial and pay extra more couple of hundred or thousand dollars to lawyer,
my husband is wondering whether we can win or lose...???

If I am unlikely to win, I should better accept "deferred FELONY", and I shouldn't go to a trial, should !?

Then I should better and spend money not Criminal but Immigration lawyer.
I should hire a immigration lawyer whenever I am deported on a court order...

What do you think?
 
You'll need an immigration lawyer eventually. Hire one soon and be proactive, not reactive.


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