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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-11-2009, 01:24 PM
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Exclamation

Arrest warrant for immigrant who is out of the country


What is the name of your state (only U.S. law)? MN

My husband has a warrant out for his arrest for DWI under an alias from 2004. He did not know he had the warrant before he left the country. He is now out of the country pending an immigrant visa application that will not be granted until this warrant/charge is cleared up.
He has 2 charges -
G.M. 3rd deg DWI refusal
M 4th deg DWI alcohol
and the warrant for failure to appear in court. There is a $12,000 bail on this.

Is there anything I can do here in his absence? If I hire a lawyer is there a way to get a court date and reduce the charges w/o paying the bail? or is that inevitable? please help any info is appreciated!

Last edited by plshelp2424; 06-11-2009 at 01:32 PM.
  #2  
Old 06-11-2009, 03:08 PM
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He (or you perhaps) needs to speak with an attorney; those charges can make a huge difference to his application even after conviction, and even after the sentence has been served.

There's an article here which might be of interest:

[url=http://www.visalawyerblog.com/2007/08/us_visas_and_dui_convictions.html]US Visas and DUI convictions :: Visa Lawyer Blog[/url]

A little bit more on the same decision is here:

[url=http://www.vrindians.com/tabid/140/ctl/ArticleView/mid/507/articleId/17/Impact-of-DUI-arrests-on-Visa-Issuance.aspx]Impact of DUI arrests on Visa Issuance > vrIndians.com > Articles by Indians and for Indian community activities and interests[/url] (the law obviously applies to everyone, not just the Indian community)

Again, he really needs to speak with an attorney familiar with how DWI affects an immigrant visa application; I'll try and find more recent information in the meantime which might be of some help.
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  #3  
Old 06-11-2009, 03:14 PM
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Thank you. I also participate in an immigration forum so I am fairly familiar with the possible outcomes based on the experiences of others'. My main concern is just getting this cleared somehow here in the U.S. in my husband's absence.
  #4  
Old 06-11-2009, 06:18 PM
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If it were me I'd be calling a few defense attorneys to see what their opinion is; it's going to be difficult (it not impossible) for your husband to defend himself at trial without being present.

Though posting twice in different forums isn't generally encouraged, you might want to post this in the Immigration forum too.
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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