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hello, I came here legally, but i m out of status for the…

hello, I came here legally, but...
hello,
I came here legally, but i"m out of status for the last 25 years of so. I got a 4th degree misdeamenor dwi and went thru all the procedures and spent in a holding cell in the county jail till sober. The following morning when i was sober, the sheriff deputy booked me asking what it seemed 100 questions. He said this is just for the jail database just answer yes or no. when asked where i was born, i panicked and said i was born here. i didn't know they will deport me if i said otherwise. I understand the county database is not shared with any other databases. when i was first arrested, police officer read my rights but they went over my head and was allowed a brief phone call to a lawyer for the chemical test. In my life, i never had any trouble with the law. So i didn't know what to do especially the right not to answer some of them. booking officer never said so either. I plan to plead guilty for the dwi. Would they put a immigration hold on me? Please help. I'm scared. Also, would my defense lawyer know any ICE involvement beforehand.
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Answered in 1 hour by:
6/25/2010
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,791
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, trafficking of a controlled substance, money laundering and false claim to U.S. Citizenship.

 

Here is a link so that you can read more about it:

 

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html

 

A person who falsely represents or has falsely represented him- or herself to be USC to obtain benefit under INA, federal, or state law is removable. This section applies to representations made on or after Sept. 30, 1996. IIRIRA §344(c). Congress has provided an exception and a person will not be subject to deportation or removal if:


(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC.

 

IF ICE does not find about your false claim to U.S. Citizenship, then I will assume that you entered illegally. Unfortunately, the only forgiveness that existed for entering illegally was under INA 245(i) which states that if you had an I-130, I-140 or Labor Certification properly filed for you ON or BEFORE April 30, 2001 AND you could prove that you were inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998, then you could pay a $1000 penalty and adjust status to U.S. Lawful Permanent Residency. If you did not have any of those types of applications filed for you before that date, then you have three options:


1) Wait for an immigration law to come out that will help you. I have high hopes that next year or maybe the following, something good will come out.


2) Apply for Asylum (you had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.


3) If you marry a U.S. Citizen, you could file an I-130 here in the U.S. (which will give you no legal status, but you might be able to get a drivers license with the receipt), but once that I-130 is approved, really the only thing you can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in your home country as the spouse of a U.S. Citizen. At that point, they will want to deny you because you entered illegally and stayed. So you would have to apply for an I-601 waiver (forgiveness) and to get this waiver you will have to prove that your spouse will suffer extreme hardship if you are not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your spouse's hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

 

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:


http://ciudadjuarez.usconsulate.gov/hcis601.html


And here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm

 

IF you did not enter illegally but entered on a visa like the B-2 tourist visa, then you have the same options as above, but if you married a U.S. Citizen, you can adjust status in the U.S. without leaving and get Residency inside the U.S. if you can prove you marriage is real.


I am truly sorry for the bad news, but the options are very limited at the moment.

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Customer reply replied 8 years ago
county jail, do they share info with the ICE. If there is a ice hold on me, do i know beforehand. i.e thru my lawyer or the police report. I didn't spend time in jail at all. i was told minnesota do not deport first time dwi offenders. Also i came here legally.
Yes, they do share info with ICE. If there is any record of your false claim to U.S. Citizenship, there will be no help for you. IF you are ever arrested, they will contact ICE and ICE will place a hold on you. So you may not have one now, but you will have one if you are ever arrested and it doesn't matter what you are arrested for.
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Customer reply replied 8 years ago
Thank you very much for your answer. I'm going to court for my dwi at the end of july, and I'm planning to plead guilty and hopefully plan to get a decent plea bargain. i.e probation etc. After I plead guilty, would the court hand me to ICE or pleading guilty is a good idea at all. it is a 4th degree dwi.

They could, but they usually do not unless they arrest you and there would be no need for that.

 

Please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

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Customer reply replied 8 years ago
Thank you very very much for answering my questions. You have been great help for me. One follow up question before clicking the Accept Answer button if you don't mind. I have hired a criminal defense lawyer from the same county I got the dwi from. I told him everything about the dwi and how all that happened. Also told him where I work and other personnel info. I did not tell him about my immigration status as well as false USC. Should I tell the lawyer about immigration status and false USC?
Yes. You need to tell the lawyer everything. Attorney-client priviledge applies and he must keep that confidential.
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,791
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

Thank you very much. I appreciate your help very much.

You are very welcome. Good luck to you!
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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