Immigration Law

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I would like to speak to an immigration attorney about

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I would like to speak to an immigration attorney about whether or not to renew my green card with aa criminal charge

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

About 10 yrs ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I just want to be sure it is an immigration attorney I will be speaking with

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Customer reply replied 4 months ago
My question is this: I am a Canadian citizen and have resided in NY since 1974. I have permanent resident status however my green card has expired. I had a turbulent past 12 years ago which resulted in 4 DWI’s, the last one a felony. I completed drug court in 2011 and have been sober since 2008. I currently work as Director of Case Management and substance abuse prevention in Glens Falls NY and my husband is a Neurologist here. In 2008 I went to an immigration attorney due to the fact that my lawyer in my DWI cases never told me there would be immigration consequences for pleading guilty to the crimes. My immigration lawyer advised me not to renew my green card because I could be deported. Currently many of the laws have changed and in order to get a job or a new driver’s license I must have an unexpired permanent resident card.
I know it will be a sort of “crap shoot” applying for a new visa as there is no way to determine what the outcome will be. I went to another immigration attorney recently who wants to review my case at an initial charge of $2,000. My question is whether it will be worth the money as it will just come down to whether to apply or not, and I really have no choice if I want to work or drive again. Should I apply online and wait to see the outcome…then get an attorney if I need one, or will this new attorney be able to intercede on my behalf? I believe immigration is their own entity and since I spent nearly $3000 for my last attorney who basically said “you can try but I can’t advise you on the outcome” and I’m not sure if the advice would be any different with the new immigration attorney.
Answered in 1 hour by:
1/5/2018
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,455
Experience: Immigration Law Expert
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

In order to deport you, the crime must be a crime of moral turpitude. Generally, even when someone has multiple DUI including a felony DUI, that is NOT considered a crime of moral turpitude and will not result in deportation. There are no "NEW" immigration laws, so I do not know what the attorney was trying to tell you. The immigration laws have not changed and still say that only crimes of moral turpitude would result in deportation and while USCIS may more strictly interpret moral turpitude, DUI does not involve and never has involved moral turpitude.

I would suggest that you use a new immigration attorney and I would suggest that not renewing your green card would cause you more issues than being honest with USCIS and reporting the convictions and applying for the renewal. While no attorney can guarantee the outcome, based on "moral turpitude" a DUI is not moral turpitude and should not be held against you for renewal of your green card.

See also: https://www.hg.org/article.asp?id=34320

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Customer reply replied 4 months ago
Thanks so much for your reply....I suppose I meant "new laws" in the fact that ALL the applications for jobs now require an unexpired green card. I appreciate your answering my question!

Thank you for your reply.

I understand what you were talking about the new ID laws, I was referring to the new laws on immigration and there are none. Still, under the laws DUI convictions, even multiple convictions, is not grounds for being deported under moral turpitude grounds.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
I live in NY state I am not sure if there is a difference state to state, but recently in all the job applications I have filled out they require an unexpired green card. The DMV has the same requirement. I am grateful for your reply, this helped me out immensely!

Thank you for your reply.

No, immigration law is a federal issue, not a state issue. Also the ID laws are based on new homeland security rules and REAL ID law, which required current identification for jobs and driver's licenses etc. That is why I said you need to file for renewing your green card.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,455
Experience: Immigration Law Expert
Verified
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,455
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