Non-citizens who have been arrested for DWI in Minnesota could face life altering consequences. Immigrants need to be extremely careful not to engage in criminal activity. It may result in their deportation.
Almost everyone who gets arrested for DWI is fingerprinted. These fingerprints are transferred to the national database. The United States Citizenship and Immigration Services (USCIS) has access to this database. The information is accessible by the United States Department of Homeland Security as well. When you fail to disclose arrests or convictions to the USCIS, you could be charged with fraud. This may eventually lead to your removal from the country. Non-citizens should always disclose their previous arrests and convictions.
Non-citizens have the right to obtain council before pleading. Non-citizens who plead guilty and do not have legal representation may be given the option to withdraw their plea. This hearing will be held in either a federal or state court.
Green card holders who are permanent residents must still be careful. They must avoid being charged with a DWI. Green card holders who leave the United States may be denied re-entry once they return if they have been convicted of a DWI.
When a non-citizen is in possession of a controlled substance during the DWI arrest, it will result in additional penalties and they may have a very difficult time returning to the U.S. after they leave. If they have several convictions for offenses that do not involve moral turpitude, it is possible that the they will not be able to return to the U.S. This occurs when there has been an imposed or stayed sentence that lasts for more than five years.
If you are a non-U.S. citizen faced with a DWI charge, you will need the help of an experienced Minnesota DWI lawyer. Contact Mark Herman to learn more.
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