Possible Felony and immigration

[indy1962 0]

I'm as USC.

My son is here based on me sponsoring him on a 10 yr green card.

He has lived here for 3 years now, goes to school has a couple of part time jobs. On the weekend (he's 21). Got severely drunk or was even drugged we aren't sure. He lost his memory and has no recollection of what happened. He used an Uber to be brought home. Once at his apartment complex (which all look the same btw) he was dropped off at the wrong address. He was outside and people were yelling at him to go away. He thought in his state he was 100% certain at his apartment. long story short he kicked the door in, he was at the wrong apartment, the police came and arrested him for public intoxication, illegal private entry and spent the weekend in jail.

He say a lawyer this a.m. after being released from Jail on Sunday. The judge let him go. He has to go to court this week for sentencing etc The lawyer will work to get this removed, but there's no gurantee of course and I don't know how this will affect his immigration status down the road. A lot of unknowns right now.

My question is:

If he leaves to go to Canada will he have a problem getting back into the USA which is now his home?

What impact will this have in 7 years when he tries to renew his green card, or even during inbetween this time, or if sometime he wants to become a USC?

Thanks for any help!!!

[WandY 430]

This isn't going to be an immigration issue unless he makes it one. At least, that's my experience working in the legal field. His charges seem rather light, considering the fact that he broke two golden rules of drinking: When the key doesn't fit the door, move on. And never open a closed door with a foot.

Some advice: Pay restitution for the door and apologize like crazy.

[Ontarkie 14,535]

Far from legal advice but my gut tells me to not let him leave the country till he goes to court.

[Boiler 46,232]

What sort of treatment programme is he in?

Sounds like he got lucky.

[indy1962 0]

He will start an alcohol education program asap. He meets at the courthouse for "pre-trial" and find out what the next steps are. I still don't know what the outcome of this will be yet. It may take months. I just want to make sure that whatever the lawyer wants him to plead that it doesn't take away his future citizenship for one VERY stupid night he had!

[Boiler 46,232]

That's why he needs an Immigration Lawyer to work with his Criminal Lawyer.

[indy1962 0]

That's why he needs an Immigration Lawyer to work with his Criminal Lawyer.

Any suggestions? Any on this site who are very good?

[Boiler 46,232]

I would have thought the Criminal Lawyer would be the one to ask.

[Cyberfx1024 7,980]

Usually for first time offenders who are actually pretty good kids, he will usually have to pay restitution and attend the drug/alcohol counseling. Once that is done then it will be considered closed, that is if he has a decent attorney.

[Darnell 8,479]

well, there's an arrest, then there's a trial, then there's a conviction.

lots of movement inbetween these 3 events,

so make sure the criminal lawyer that you hired

somehow gets the charges assessed during the arrest

reduced to something less meaningful for immigration.

a conviction for Crimes Involving Moral turpitude usually start with the word 'Felony', so keep that in mind.

I'm not a lawyer, nor do I play one on TV - but remember ! Start with the End in Mind.

Edited February 23, 2016 by Darnell

[san diego 407]

He will not have a problem with keeping GC. He WILL have a problem with getting citizenship.

[Boiler 46,232]

5 years GMC for a start.

[Khan's 4]

He may actually have trouble getting into Canada. I have heard of people being turned away at the border if they have DUI on their record.

[Boiler 46,232]

He is Canadian.

[caliliving 606]

LOL he is canadian he wont have a problem getting into his home country:/

I would suggest getting the laywer to get it lowered to only public intoxication.. he does not have to mention drugs ever! no mention of drugs.. he needs to see how he can get that illegal entry ect off the record...

I suggest apoligize and pay for that door. Maybe see if those charges can be dropped??

Honestly, he was smart enough to take an Uber.. and he did NOT drink and drive!!! So that was good:)

If he didnt kick the door in the police probably would have escorted him home;/

Public Intoxication wont be THAT big of a deal.. For example "Hey, my Uber dropped me off at the wrong house and I was knocking and the lady was scared so she called the cops and they came and arrested me for Public Intoxication and then let me go"

but that Illegaly Entry would be worse (especially if it is a felony). At the end of the day it isnt what he was brought in for, it is what ends up on his actual arrest record that he gets charged for. Drugs are ALWAYS a problem, so make sure nothing of that sort is on his record.