Chelsea, MA asked in DUI / DWI and Immigration Law for Maryland

Q: I was pulled over and charged for DUI and reckless driving for the first time no accident no injury, why both charge ?

I blew 0.10 on the road side and the officer told me to do not blew at the police station, then I didn’t blew, today I got my license suspended for 270 days. The saddest thing is my asylum case is pending and my final hearing is in couple of months. Please I’ll like to know if this will affect my asylum case? Thank

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4 Lawyer Answers

A: Generally speaking criminal law issues do impact impact immigration cases. You will want to get the paper details of the case as well as the disposition from the court. The disposition is what the court ordered. It should have the court's original seal on it. You will need those documents. if you are working with a lawyer for the asylum case you need to advise that lawyer urgently.

Best of luck.

A: You should have certified records, but this doesn’t seem like a particularly serious crime. Let your attorney know. The basis for an asylum claim is a well founded fear of persecution based upon at least one of the enumerated reasons.

The challenge is that many applicants have extreme difficulty proving that requirement to the satisfaction of an immigration court. Attorneys can, as well. I strongly recommend that you work with an attorney on the asylum matter before the final decision. An appeal, if required, depends upon the evidence and testimony in the lowest court.

Good luck.

A: A single DUI will need to be addressed in your hearing and you will need to provide the court with complete certified copy of the case from the arrest/police report to the final disposition. If you are still on probation when your individual hearing is scheduled the court is not likely to conduct the hearing and will require you complete probation.

A: Your state DUI charge will affect your pending asylum case in one aspect definitely: even if the AO decides to grant your asylum, ( that is the most optimistic scenario) that decision will be delayed by the AO until the state DUI supervision is terminated successfully.

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