Brother in Law on Tourist Visa charged with DUI

[Going through 5,671]

32 minutes ago, Mansini77 said:

she will need to file I601a, processing time is around six months.

The i601a is not the type for his circumstances since he is a convicted felon.

 

The 601a  is when the ONLY grounds of inadmissibility is the 3 or 10-year bar for unlawful presence.

Edited June 15, 2018 by Going through

[GreatDane 366]

32 minutes ago, Mansini77 said:

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

 

The I601 waiver, unfortunately for your family, won't address the criminal charges. One thing that has been touched on is CIMT - a crime of moral turpitude. A non-citizen is deportable after they've committed two CIMTs. One very limited exception, but you'd have to argue, is that the two CIMTs occurred from a 'single scheme of criminal misconduct' aka. the same accident. However, even then he was given over a year. A non-citizen is deportable if they committed a single CIMT and the maximum penalty was over a year. In his case, it's one road block after another. I don't think there's any way to overcome it.

Edited June 15, 2018 by GreatDane

[geowrian 22,337]

1 hour ago, Mansini77 said:

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.

Incorrect. An I-601A won't fix his issues. The unlawful presence is the least of his problems.

 

1 hour ago, Mansini77 said:

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.

Well, that is an option you he is free to pursue. But note that we are likely not talking "thousands of dollars" by the time this is done...it's likely to be at least one more digit, and possible starting with a 2. He may be put into detainment immediately upon release from prison, in which case he will probably sit there while all this is going on.

Nobody saying it's an easy choice, but personally, being together with my spouse is much more important than being in the US.

[Boiler 45,519]

No harm in having a few consultations with some specialist waiver lawyers, the law is Federal so you are not limited geographically.

[Mansini77 100]

28 minutes ago, geowrian said:

Incorrect. An I-601A won't fix his issues. The unlawful presence is the least of his problems.

 

Well, that is an option you he is free to pursue. But note that we are likely not talking "thousands of dollars" by the time this is done...it's likely to be at least one more digit, and possible starting with a 2. He may be put into detainment immediately upon release from prison, in which case he will probably sit there while all this is going on.

Nobody saying it's an easy choice, but personally, being together with my spouse is much more important than being in the US.

geowrian,

 

After digesting all the information today, it's my opinion that he serves his time and faces the music of the tune of deportation.  I spoke to my wife and gave her a basic rundown of many of the posts described here by yourself, geowrian, and many other knowledgeable VJ community members.  To take the fight against the immigration courts with all this baggage would be like David verses Goliath.  There are too many variables and I'm convinced there is not enough in the family's favor to wage this kind of battle.  

 

The way I see it now, Robert is sitting at a blackjack table and his hand is 16 and the dealer's hand is showing an Ace.  It's a lose lose scenario, whatever action is taken will result most likely in a loss.  So instead of fighting it, he should simply signal to the dealer to surrender and take back half his wager.  This is all metaphorically speaking.  It wouldn't be his wager though, but the family's money and time.  Robert and his wife have already begun the immigration process, and have paid some filing and attorney fees.  Time to stop the bleeding.

 

His wife is young, a very young 19 years old and barely out of high school.  While her emotions are raw now and seems committed to staying with Robert, but years apart will test her commitment.  Robert will be deported back to Mexico in a few years and his wife, an American citizen and American child, will either be going to Mexico with him for a much more difficult life in Zacatecas, or she will remain in the US to raise their child.  She has to think of her future as well and the opportunities that this Republic has to offer are far greater here than they are  in Mexico.  It's her decision to make.

 

A bit or irony is that my wife received her permanent resident card in our mailbox a little more than two weeks ago.  I did the case myself, 601a and all.  Probably one of the most painstaking and drawn out processes we've been through as a married couple.  But very very rewarding in the end and we couldn't be happier.  Then the whole Robert debacle ended with less than desirable results.  So, naturally I came to VJ to find some answers.  And well...what my wife and I been through is an anthill compared to this mountain of an immigration mess my brother in law has put upon himself.  

 

Case closed.  

[geowrian 22,337]

I wish him and his family the best moving forward. It won't be easy nor quick, but sometimes those are the challenges people must be forced to face.

 

IMHO, the penalty for any DUI should be much worse...many times it only results in some education, a possibly revocation of the license for a time, lots of fines and fees, maybe some community service, maybe some basic counseling, etc. That doesn't make people change their ways. It's usually not until something serious happens that they realize how harmful their actions are.

 

My own brother has had 2 DUIs. Fortunately, he only injured himself and some property. He was fortunately only in the ICU for several days. Unfortunately, that's exactly what it took before he learned his lesson. Skipping ahead ~12 years, he's a much better man than he was back then. I have absolute respect for somebody who learns from their mistakes and becomes a better person because of it. I hope Robert does exactly this.

 

There's always the potential option to live in a 3rd country together, assuming they can both obtain appropriate visas or residency. Although, that may still be an issue with the criminal record...I'm not familiar enough with immigration policies outside the US to speak intelligently on the topic.

Edited June 15, 2018 by geowrian

[TBoneTX 45,293]

Administrative action has been applied to a participant in this thread who unnecessarily inserted inflammatory comments.  Although noted by the OP and others, these comments fortunately didn't derail the thread.  Thanks to everyone for maintaining such a high level of restraint.

 

TBoneTX

VJ Moderation

[CEE53147 559]

This should be pinned as a "what NOT to do".  Drinking to excess in a problem everywhere. In some cultures and locations it is less of an issue than in the US in densely populated areas where accidents are often very serious. When you lose friends and acquaintances to drunk driving - either their own or another driver - it makes one very adamant about punishment. I can sympathize with the victims - first the person he injured and second your family. Please give your support to his wife and child; no matter what she does in the future, her life will not be what it could have been because of one night of irresponsible behavior. I hope the family appreciates your efforts on their behalf; you have gone over and above in this tragic situation.

[EmilyW 1,437]

Yeah, kudos to the OP for trying to explore all options in the interest of family unity.

[Villanelle 4,122]

This is a very sad situation for everyone involved.

 

Have you considered looking into probono help? There are many organizations that assist with deportation matters. While everything posted so far seems to be accurate immigration law is very complex and an attny might be able to find some kind of loophole he qualifies for to avoid deportation. (none obvious but there may be something). 

[AnaidAaron 42]

On 14/6/2018 at 11:01 PM, Mansini77 said:

Robert will be deported back to Mexico in a few years and his wife, an American citizen and American child, will either be going to Mexico with him for a much more difficult life in Zacatecas, or she will remain in the US to raise their child.  She has to think of her future as well and the opportunities that this Republic has to offer are far greater here than they are  in Mexico.  It's her decision to make.

This comment has nothing to do with the immigration case itself, but I just wanted to point out that American Citizens tend to have great opportunities in Mexico, even without college education. I'm sure she could make a decent living here if that's what she decides to do in the end.