How Driving Under the Influence Convictions for Non-Citizens are Handled Under Present Law

Typically non-residents of the United States could possibly be deported as soon as they are guilty of criminal offenses involving moral turpitude or an aggravated felony. A variety of unlawful acts, drug crimes and domestic physical violence, often times end up in deportation of the non-citizen upon conviction.

Aggravated felony has a very specific meaning under immigration rules which may perhaps differ from state regulations. Non-citizens guilty of aggravated crimes will in all probability have no relief from deportation. If they are deported, this conviction would certainly ban them forever from coming back to the United States. Some criminal acts are unconditionally aggravated felonies, including murder, sexual harm and robbery. A number of misdemeanors are regarded as aggravated felonies. Misdemeanor sexual abuse of a minor, under immigration rules, is viewed as an aggravated crime.

A non-citizen might be deported if perhaps the conviction entails moral turpitude. The actual crime must have been committed inside of five years of the entry to the United States. The sentence for the crime needs to be one where the imprisonment is in excess of one year.

In Illinois for example, in cases where you have been guilty of driving while under the influence of alcohol, the conviction is not viewed as involving moral turpitude or an aggravated criminal offense. However, if the non-citizen furnishes bogus information to the police, that would definitely amount to a crime of moral turpitude. In cases where you get multiple convictions for DUI in the State of Illinois, the subsequent convictions aren’t treated as a crime of moral turpitude. Even when the conviction is for Felony Aggravated Driving Under the Influence, immigration law won’t view the conviction as an aggravated criminal offense or a moral turpitude offense.

On the other hand, when people who are convicted of numerous DUIs, they usually have a companion driving while license revocation or suspension charge or the justification for the aggravated DUI was the license suspension, immigration regulation sees the conviction as one of moral turpitude. This kind of conviction may well lead to the deportation of the noncitizen.

There are some online websites like Dupage County DUI which have more details relating to these issues. Immigration authorities don’t actively search for non-citizens convicted of driving offenses. Nonetheless, issues may arise when the alien renews the work permit or visa. It’s solidly recommended that if you’re not a United States Citizen, you should confer with an Attorney who’s knowledgeable in both Criminal Law and Immigration Law.


New Law Could Bring No-Fault Divorce to NY

New York is the only state left in the union that does not have a no-fault divorce. As it stands now, divorcing couples must find a specific reason for the marriage to end. That may change, as the state senate has approved a bill that would permit a no-fault divorce.

A no-fault system would allow a divorcing couple to claim “irreconcilable differences” as the reason for a divorce. Those who support the change say that the current law sometimes forces parties in a divorce suit to lie about the reasons for a divorce, effectively perjuring themselves. New York currently offers three ways of proving fault in a divorce: adultery, abandonment, and inhumane treatment.

As an example of the absurdity of the current law, for a spouse to prove abandonment, he or she must prove that the other spouse has refused requests for sex for at least a year. Even if this is a lie, the parties have to accept it as the truth if they wish to get divorced in New York.

Critics of the proposed law suggest that a no-fault divorces would ruin the protection some wives have that stay at home or care for the children. Current law gives women leverage against husbands who hide their assets before pursuing a divorce.

To learn more about Suffolk County Divorce law and family law, contact Ronkonkoma Divorce Attorney Susan A. Kassel at 631-738-6761. You can visit her website at http://www.divorcesuffolkcounty.com/ for additional information.


Tough, Experienced DUI-DWI Defense in Suffolk County

Drunk driving (DUI-DWI) charges are very serious in New York. You face possible jail time and losing your driving privileges, as well as higher insurance premiums, exorbitant fines and a criminal record. Moreover, if your job depends on having a valid drivers license or if you have a CDL (commercial drivers license), you jeopardize your livelihood and ability to work.


Tough, Experienced DUI-DWI Defense in Suffolk County

Drunk driving (DUI-DWI) charges are very serious in New York. You face possible jail time and losing your driving privileges, as well as higher insurance premiums, exorbitant fines and a criminal record. Moreover, if your job depends on having a valid drivers license or if you have a CDL (commercial drivers license), you jeopardize your livelihood and ability to work.


Suffolk County Divorce Lawyer

Suffolk County Divorce Lawyer
Divorce Lawyer – Suffolk County – New York
The Law Office of Susan A. Kassel, P.C., assists clients facing divorce through representation in contested and uncontested divorces, negotiated settlements and mediation. We also advise and draft prenuptial agreements for couples planning to marry, which establish legal guidelines should they divorce.


Suffolk County Divorce Lawyer

Suffolk County Divorce Lawyer
Divorce Lawyer – Suffolk County – New York
The Law Office of Susan A. Kassel, P.C., assists clients facing divorce through representation in contested and uncontested divorces, negotiated settlements and mediation. We also advise and draft prenuptial agreements for couples planning to marry, which establish legal guidelines should they divorce.


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