Q: Can i ask for work permit due to a Sentence of 3-5 years Probation? (Im not a citizen)
I cannot leave the country once I do my jail time (4 months), and I will sentenced to 3-5 years probation. Got a DUI with felony charges (None is dead or bad injured). How they expect me to live and pay the fine without work permit? I have my travel visa for 10 years, but it was revoked the same day I went to court the first time. (I was travelling when the accident happened) My status is not illegal. (I have zero criminal record here or either in my own country) I don't wanna be deported so is not an option for me!
A:
They may answer that by saying "we'll let you leave, now!" Or, fine, work here 3-5 years, pay your fines, then we'll deport you.
You do not say what your immigration status was before you were convicted. Your rights as to the immigration system are very much tied to your status before you were charged, and what options being charged took from yo.
Your DUI conviction came from a State Court. State Courts do not consider Federal immigration law. Federal law isn't too involved with state law other than certain crimes triggering certain immigration events or taking away certain immigration options.
You may want to ask to have your state sentenced modified to either allow you to leave or not, and at the same time check to see if you can get a voluntary departure or other relief.
You need to speak with an attorney who is a certified immigration specialist, bring along your criminal papers.
A:
You do not state what your status if, but we assume that you are undocumented.
You can certainly leave the country, though you might not be able to return. You would do well to notify the court if that is what you would like to do.
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