He has been charged for the following code felony's: 23153 (A) VC , 23153(B) VC, 23104 (A) VC . This incident happened yesterday while he was street racing with another car and crashed, he was hospitalized then arrested. He is still currently in arrested and tomorrow he will probably attend court, my question is, will he be sent back to Mexico right away? if not how much time will he face? Is there anything I can do? My son and are his dependents, but I have no proof since we are currently living with my parents.we are both US citizens. Although I am not married to him is there anything I can do so they don't send him back to Mexico?
He needs two very good attorneys - one criminal defense attorney and one immigration attorney. He could be subject to deportation if convicted.
This goes beyond s simple online question & answer. Start looking for lawyers now.
Your son needs an experienced criminal defense attorney and an experienced immigration attorney - sooner rather than later. Use this site to find an attorney (Find an Attorney tab).
My colleagues are right. He needs a skilled criminal defense and immigration attorney asap. Once these attorneys review his case they will be in a much better position to address some of your concerns. He shouldn't speak to anyone about his case unless it's a lawyer.
NO, he will not be sent to Mexico right away. First he will stay in jail while he's prosecuted for felony DUI with Injury and likely sentenced to prison. When he's released from prison, then he'll be deported. He will be involved in the court system here for months most likely. Go to court to see what happens. The Public Defender will be appointed to help him. You're not even married to him?
I've handled several of these cases and yes there are somethings that can be done to keep him from being deported. Bail him out immediately before a hold is placed on him and then find an attorney who can persuade the prosecution in some sort of alternative sentencing so he doesn't end up back in jail or prison. Before spending any additional time on the Internet, you could benefit from meeting with an attorney to discuss specific facts in an attorney-client privilege environment, which the Internet is not. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best.
Unlawful entry triggers a bar to adjustment of status so marrying him and filing an adjustment of status imemdiatelyis not an option. Plus his criminal history may also make him inadmissible. You need to seek the help of an immigration attorney to deal with these issues. An I-601 may be the only way, though the chances are EXTREMELY slim given what you've written but pretty much impossible if you do it yourself.
The I-130 may be approved but the I-485 would require an I-601 waiver of inadmissibility.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
What can you do? Hire him the best, experienced, criminal defense attorney you/he can afford. He is going to need it facing these DUI with injury charges.
