Brother in Law on Tourist Visa charged with DUI

[ThomasNC1988 762]

He will be sent home as he should be. If the marriage is for love and not immigration I'm sure she will be happy living there with him.

[Russ&Caro 1,549]

I know OP is looking for immigration advice and he's getting a lot here. In reading over OP's posts it sounds like there is a large and caring family here that wants what's best for the OP's sister-in-law and brother-in-law. Someone already said it but the family (and Robert) might want to choose to minimize legal fees going forward and face the consequences after his prison sentence and deportation. Here's a few observations...

 

Draining an extended family's financial resources on something like this is hugely stressful for everyone. Choosing not to drain the family's financial resources would be a way for Robert to show a measure of good faith.

 

Living and working in the USA with his new wife and baby with this criminal record, even if he were to qualify for a gc, would be difficult. Employer background checks would bring up this crime every time he would get close to a decent job offer. On the other hand, it sounds like he has a clean record in his home country. If that's so, his employment and life prospects might be far better there upon his return.

 

Best of luck to everyone involved.

[Boiler 45,519]

21 minutes ago, Russ&Caro said:

I know OP is looking for immigration advice and he's getting a lot here. In reading over OP's posts it sounds like there is a large and caring family here that wants what's best for the OP's sister-in-law and brother-in-law. Someone already said it but the family (and Robert) might want to choose to minimize legal fees going forward and face the consequences after his prison sentence and deportation. Here's a few observations...

 

Draining an extended family's financial resources on something like this is hugely stressful for everyone. Choosing not to drain the family's financial resources would be a way for Robert to show a measure of good faith.

 

Living and working in the USA with his new wife and baby with this criminal record, even if he were to qualify for a gc, would be difficult. Employer background checks would bring up this crime every time he would get close to a decent job offer. On the other hand, it sounds like he has a clean record in his home country. If that's so, his employment and life prospects might be far better there upon his return.

 

Best of luck to everyone involved.

Wonder how he explained his absence from his job, perhaps just resigned?

[kemm360 144]

Robert should have taken it easy , deportation for him seem to be 70% here. Especially since he is a visitor, that is very easy for the system.

[Mansini77 100]

I was hoping the VJ community veterans would chime in with their 2 cents, you guys didn’t disappoint for sure. 

 

Barring a miracle, I believe he will be deported back to Mexico after he serves his sentence. Strike 1) DUI 2) Vehicular Assault and 3) He will start racking up unlawful presence in prison. It wouldn’t be the worst option, as both his mother and father still live there. As far as his wife and child go, they can all live in Mexico together for sure. His wife will return to her family in Arizona to be closer to them. 

 

An i601 waiver can excuse unlawful presence, but I don’t know of specific waivers to overcome the DUI and VA charges along with a deportation order on his record. 

 

Theres a a good reason why immigration wants police clearance certificates when consular processing. We want immigrants with clean records and who won’t be a danger to the public.

 

As far his employment opportunity here in the US, he’s young and able bodied but lacks command of the English language and is not college educated. So the type of work he would do is construction. Good paying but physically demanding without much in the way of a background check. 

 

So, the consensus here is Robert will be deported, let’s give it a 90% certainty. 

 

Chances of A successful re entry don’t seem that much better. Even with approved waivers, still a lot of variables. 

 

Its a tough spot to be in for sure. All he can do now is make the most of the time he has. I suggested to my wife that he should study English while in prison. It’s beats watching tv or lifting weights. Hell, anything to keep his mind off what he did. It’s all about moving forward now. 

 

Thanks everyone. 

 

[Springrain22 427]

Chances for his "GC" are slim to none. He will be deported later after his release and then will face a 10 year ban. He should not have been driving that day drunk AF. He does not deserve a mercy nor a GC. Time to be in jail for another 3.5 years and then go home. Harsh, but it's his fault.

[FlashLG 152]

43 minutes ago, Springrain22 said:

Chances for his "GC" are slim to none. He will be deported later after his release and then will face a 10 year ban. He should not have been driving that day drunk AF. He does not deserve a mercy nor a GC. Time to be in jail for another 3.5 years and then go home. Harsh, but it's his fault.

OP was asking for advice, not for people to pass judgement. 

Edited June 14, 2018 by FlashLG

[Springrain22 427]

4 minutes ago, FlashLG said:

OP was asking for advice, not for people to pass judgement. 

What kind of advice? There's nothing he can do and it's not DIY case. There's no law to omit what his "brother in law" has done.

[CJKylie 161]

3 minutes ago, Springrain22 said:

What kind of advice? There's nothing he can do and it's not DIY case. There's no law to omit what his "brother in law" has done.

 

16 hours ago, Mansini77 said:

In a nutshell, what happens to his immigration case?  Will it be pending regardless of his prison sentence?  Will it be put on hold?  Or is it forfeit?  Granted he is released in two years for good behavior.  How will this prison sentence affect his immigration process?  I mean,  what are the odds now of a successful permanent resident card in his hands? Deportation is also in the cards as well. 

 

Any info would be appreciated.   Probably some would like to preach to me about DUI and how harmful it is to society and that he got what he deserved.  I'm not going to get into a fight about DUI law, because the case is closed and I'm not his attorney or his mother.  Purely immigration, peeps.  Thanks.

 

Edited June 14, 2018 by CJKylie

[Mansini77 100]

1 hour ago, Springrain22 said:

Chances for his "GC" are slim to none. He will be deported later after his release and then will face a 10 year ban. He should not have been driving that day drunk AF. He does not deserve a mercy nor a GC. Time to be in jail for another 3.5 years and then go home. Harsh, but it's his fault.

Ultimately, it doesn’t matter what you or I feel what he deserves, it will come down to the decision of an immigration judge.  10 year bar is more than likely waivable through an I601 or i601a given his wife’s young age.

[Mansini77 100]

15 minutes ago, Springrain22 said:

What kind of advice? There's nothing he can do and it's not DIY case. There's no law to omit what his "brother in law" has done.

Interesting use of quotations. Are you implying that I’m using “brother in law” as some sort of ruse to disguise the DUI/VA charged individual might be my own spouse, or even myself? Cute.

[FlashLG 152]

1 hour ago, Springrain22 said:

What kind of advice? There's nothing he can do and it's not DIY case. There's no law to omit what his "brother in law" has done.

He stated in the original post what kind of advice he was after, which was if other users might know what would happen to the immigration case.

He also asked for the situation not to be judged, but you felt the need to do so anyway.

[Boiler 45,519]

The issue is the Felony, and going for a waiver as a recently released Felon. I 212 for the deportation but the 601 with all those issues will be the tricky bit.

 

I think waivers are taking 15 months or so and  that is after the interview so nothing will happen fast, nothing will be cheap, how will he fund all this and support his wife and child?

[Mansini77 100]

12 minutes ago, Boiler said:

The issue is the Felony, and going for a waiver as a recently released Felon. I 212 for the deportation but the 601 with all those issues will be the tricky bit.

 

I think waivers are taking 15 months or so and  that is after the interview so nothing will happen fast, nothing will be cheap, how will he fund all this and support his wife and child?

If deportation happens, wifey will need to file an I601 waiver. Processing times on those are well over a year. If by chance he is able to stay, she will need to file I601a, processing time is around six months. All this can change from now to two years from now. Robert is the youngest of seven, and his family is all in to back up any legal fees that will be coming. Wife will return to her family in Arizona to raise the child.

 

His is wife has an appointment with their immigration attorney tomorrow. They will discuss a plan of action and options. We will then discuss everything together on Sunday when we visit him at the jail.

 

We need to discuss and weigh the options. It’s risk versus reward. Is it worth spending thousands of dollars for a 10-15% chance of success when facing an immigration judge?  I’m so tempted to call their attorneys and ask what’s next, but that would be inappropriate. I’m simply here gathering information and putting it all together.  My wife’s family will make the decisions with their hearts, but I want them to make an informed decision. I have the feeling though that as long as there is a sliver of hope, they’ll pay for a long shot. 

 

Thx Boiler

 

[Boiler 45,519]

601 a will not work with his issues.