Criminal Law DUI and Deportation

[alefoxtrot]

Ok I was right in the middle of my removal of conditional permanent residence, form I751,
I have been here 6 years, I was married 2 and half, we have a 4yr beautiful daughter which I see twice a week, and I pay my due child support.
I pay my taxes, never done anything but,
First DUI right when I came 2000, Second and Third within 2 months just a while ago.
I got lucky the run the cases in concurrance, so they kind of combined the two but on my recoreds I have 3, the attorney was knowledged enough to make a suggestion for the sentence because even the judge didn't really know what to do. So, 45 days in jail, but I was there only 2 weeks, because of the combaining of the two cases.
They sent me a letter saying that my file is still pending and to go visit the district service for more info. about my case.
I am really scared, is not realy the deportation at this point, but my Daughter, how am I going to see her? You think I should be fine? 3 DUI is still a misdemeneor but 2 right during the renwal... Please, any advice?

 

[Husty]

Sounds like you should consult with a good immigration attorney.
If the DUI was just a simple regulatory offense you should be fine. Simple DUI (as defined by the CA penal code) is not a CIMT or a crime of violence.
However some statutes combine DUI with other offenses such as driving on a suspended license. The "DUI while suspended" offense is a CIMT and if you have two or more or those you may be removed.
Only a few states have these combined statutes.
This is not legal advice, if you require legal advice contact an attorney.