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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23150
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My mom has an outstanding arrest warrant for a dui from 2004

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My mom has an outstanding arrest warrant for a dui from 2004 in the US.
She currently lives in Brazil. We are working on her immigration papers to come back to the US.
The problem is the dui could be problematic when she goes for her interview for the greencard.
Is there anyway i can take care of the warrant without my mom being here?

Both the warrant and the DUI will be problematic when your mother applies for a green card. The only possible way of taking care of the warrant would be to hire a lawyer where the warrant is pending and have him negotiate something with the DA to get the warrant lifted. From there, if the DA and court agree, a date certain can be set for her to come back to the US to resolve her case. It also may be possible -- though I have no idea how probable -- for the lawyer to resolve the matter without her. The facts of the case and how vested an interest the DA has in prosecuting a 9 year old case will determine what the lawyer's chances will be. But there's no other option.

The above, if successful, would get her safely into the country. As for her greencard interview, Immigration goes at least 5 years to look for evidence of bad moral character. Unfortunately, neither the warrant nor the DUI, even if resolved are going to put her in a favorable light for a green card at this time.

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