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Simple DUI - -Immigration- local CBP office can it take away take away drivers license or passport
Anonymous3 views2 answers
I got a simple DUI in Pennsylvania (First Time) in November 2009 (2 months ago) and already have a green card for over a year now. DUI did not involve any injury to any one and it was not an aggravated DUI. I am going to enter in to ARD (Accelerated Rehabilitative Disposition) program
During this period can I make an international trip? Will I have any problems at the port of entry while coming back to the US?
I read that simple DUI can trigger a Inquiry and can have the local CBP office review the case and local CBP office can take away passport and Drivers License , is that so ?
Any help on this would be appreciated
You should discuss this matter with an experienced immigration attorney in your region, where you have concerns.
Usually, a simple DUI is not grounds for deportation, but each State may have a different law with different words. This means that you may be challenged or delayed when you are trying to get your naturalization. However, you should not have what is called a deferred inspection unless the Officer must determine whether it was a simple DUI conviction.
If a person is arrested for an undetermined crime that 'may' create a ground for deportation, then the CBP Officials can hold onto your passport at a port of entry, provide you with a parole document, and require that you provide a certified copy of the final decision on a criminal case. The same thing can happen when a person renews their lawful permanent resident card, files for permanent resident status, or tries to naturalize as a U.S. Citizen.
The above is general information and does not create an attorney-client relationship.
If a CBP Official cannot determine why you were arrested, then CBP can defer your inspection.
A first offense, simple DUI conviction is not a basis for removal or denial of entry for a legal permanent resident. If you have other convictions as well, the answer could be different. Anything can trigger a CBP inquiry. You can have "problems" at the port of entry if the CBP agent has indigestion, or just had a fight with his wife. But, inconvenience to you because of a CBP agent, does not mean there will be any serious injury to your immigration status. If you have had other criminal cases or convictions [even if discharged, dismissed, vacated, or expunged] or are really worried, see an immigration lawyer.
Lamar Peckham
Law Office of Lamar Peckham
555 Sebastopol Rd., Ste. C
Santa Rosa, CA 95407
[707[527-8050
