What Happens If You Are Undocumented and Get a DUI in Atlanta?

What Happens If You Are Undocumented and Get a DUI in Atlanta?

An undocumented individual could face severe penalties if they are found guilty of DUI/DWI. They may also encounter significant obstacles to their immigration status or application process.

FOX 5 I-Team investigators have discovered several cases in Gwinnett and Cobb counties where immigrant drivers have been repeatedly arrested for DUIs, leading them down a path toward deportation and separation from family.

Deportation

If you are an undocumented immigrant in the US and receive a DUI charge, there is a strong possibility that this offense will negatively impact your immigration status. The extent to which it does this depends upon its severity as a felony or misdemeanor crime; an offense classified as aggravating factors (driving under the influence with children in the vehicle or drug related DUI charges) or even as minor charges could lead to deportation proceedings being initiated against them.

For noncitizens on employment-based visas who receive a DUI conviction, its effects might not have as dramatic an effect as on citizens; nonetheless, it will still leave its mark and could prompt ICE or the FBI to conduct criminal inquiries and request fingerprints be sent directly from your fingertip to them for fingerprint analysis and potentially removal if it involves felonious activity.

Risk of deportation increases if you enter the country without proper documentation and are charged with DUI. Even misdemeanor offenses can trigger deportation proceedings or make you ineligible for immigration benefits or naturalization; immigration law mandates applicants demonstrate “good moral character,” so DUI charges could be used against them to prove this fact.

Even if you are legally present in the country, being charged with DUI can have severe repercussions for your life. If convicted and sentenced to jail time, any notification to immigration could halt release and commence deportation proceedings against them.

It is crucial that if you’re facing DUI charges as a non-citizen that you retain an experienced DUI lawyer right away. There may be ways of protecting your rights and staying in the country legally, but having legal advice on your side can make matters less daunting. Reach out to Jameel Manji from Manji Law today in Atlanta so that we can discuss how we can assist your situation further and provide assistance – Jameel can be found at Manji Law!

Inadmissibility

Under President Trump, the likelihood that undocumented immigrants charged or convicted with DUI has significantly increased and may now lead to their deportation. Therefore, any non-citizen should obtain an experienced criminal defense lawyer to ensure their case is managed in an appropriate manner. Immigration and Customs Enforcement (ICE) prioritizes deporting individuals with criminal records, no matter how minor. ICE may discover your record through any number of sources – sharing data with law enforcement in other jurisdictions is one such way – or when arrests lead to DUI charges which get reported directly to ICE databases that officers check regularly.

DUIs in Georgia are considered misdemeanors, but you could face deportation for felony convictions under certain conditions. For instance, an immigrant convicted of vehicular manslaughter or involuntary manslaughter would constitute a felony offense and be grounds for removal from the United States permanently. It is also possible to become inadmissible due to other convictions such as drug trafficking, terrorism, sexual crimes or contagious diseases that render you permanently inadmissible; blocking you from returning after trips abroad or when trying to change status within the U.S.

Waivers may be available for certain convictions that disqualify immigrants, though obtaining one on your own can be challenging without assistance from a knowledgeable immigration attorney. Common examples of waivers being granted are medical issues or crimes committed while under age 18 (particularly crimes committed when that individual was still minors). It is also possible that if your crime occurred more than five years prior to applying to enter the US you won’t be inadmissible.

Manji Law can assist those facing deportation due to DUI in navigating the process and determining eligibility for waivers. Contact our office now for more information about how we can be of service in providing guidance, insight, assistance and a helping hand in your situation.

Removal from the U.S.

Undocumented immigrants on work visas or green cards do not usually face immigration consequences for DUI arrests; however, this could change if someone was charged with DUI with child in the car – considered either an aggravated DUI offense or even manslaughter charges – leading to deportation proceedings and removal from the United States.

An arrest for DUI will certainly impede an applicant’s efforts to become a citizen, since USCIS requires applicants to present clean records when applying. They’ll also ask individuals to be honest in reporting all criminal history that pertains to them – this applies even in states like Georgia which don’t permit expunging first offense DUI convictions after certain time has elapsed – however first offense DUIs cannot be expunged after such periods are up.

An experienced immigration attorney could explain the details of an individual’s case and what the likely outcomes will be, assist in getting his or her paperwork organized, or defend him or her at immigration court if needed.

Attorneys can also assist individuals in avoiding potential repercussions by providing necessary paperwork and staying current with changes in immigration law. Tracking court dates, gathering required documents and understanding complex details surrounding immigration can be daunting; thus it is vitally important that an attorney familiar with immigration matters be on board to guide you through it all.

Jameel Manji is an Atlanta DUI defense attorney with 45 years of experience helping his clients fight for their rights in immigration courts. For a free consultation about how a DUI conviction might impact your immigration status, contact Manji Law now for an in-depth consultation about your individual case – you can trust them to treat each individual with care and consideration! It’s vital that if arrested for DUI that legal assistance be sought immediately to protect their interests.

Immigration Court

DUI convictions can have severe repercussions for anyone’s future, yet driving under the influence charges are particularly detrimental to undocumented immigrants who may lose their status in America if found guilty. Because DUIs fall under moral turpitude laws, any conviction could mean violating public moral standards and thus being denied reentry to this country.

DUI can be considered an act of moral turpitude when coupled with aggravating factors such as reckless endangerment or child endangerment or driving with a suspended license. Furthermore, any individual on probation or parole at the time of their offense would qualify as violating these moral standards by engaging in DUI.

Thus, anyone charged with DUI that is undocumented should seek legal advice immediately. A lawyer will help them understand how their case could impede their immigration status as well as develop strategies to safeguard their rights and defend them effectively.

The USCIS exercises wide latitude when it comes to immigration cases and deportation proceedings, so not every official takes the same approach towards DUI charges. Instead, immigration services consider your criminal history in combination with any incidents related to DUI that occurred prior to being charged as part of their decision on whether you should be removed from the country.

If you possess a green card or are an LPR, typically one DUI conviction should not have any serious immigration ramifications; however, multiple convictions could trigger deportation proceedings from immigration services.

After the tragic events in Marietta, where an impaired driver struck and killed three teenagers, authorities have placed greater focus on deporting illegal immigrants who commit crimes such as DUI. Consulting a reputable immigration attorney such as Tadeo & Silva may help provide clarity to how this may impact your case and assist you in reaching an optimal result for it.