Can he face deportation or deny entry with DWI and Reckless driving offense?

jcroot88

Registered Users (C)
Hello Guys!

I am here back again with a particular and perhaps serious issue in which my brother is involved.

My 27 years old brother came here to the United States 3 years ago with his 9 years old son, he and his son obtained their green card thorough marriage.

1: First he received his conditional (2 years) green card.

2: Then he applied for the 10 years green card which he already received.

3: Problem: Two weeks after getting his 10 years old green card, he got into a incident with the law here in New Jersey which involves the following charges/felonies/offenses:

A: DWI On school property or within 10000 ft of school.
B: Reckless driving
C: Operating under the influence of liquor or drugs
D: Consent to take samples of breath, record.

Although this is not the first time he received traffic tickets, this is his first time getting a DWI and Reckless driving tickets. He already appeared in court today and the judge gave him until August 4 to find a lawyer which he already found.

The problem: Our family booked a flight to Lima, Peru for this Friday July 25 to be back August 12, both tickets him and his little son were kind of expensive and it will be difficult now to cancel or postpone them.

My brother's lawyer recommend him NOT to travel out of the county with those criminal charges until this situation is cleared but he didn't seem totally sure and recommend us to ask a immigration lawyer or somebody with experience.

How true is this? Can he be facing deportation or deny entry at the immigration customs? Nobody was injured and there were not property or material lost in the incident (only the card he was driving).
 

kukumjacka

Registered Users (C)
Exactly what your lawyer said. Don't go.

Assuming the 4th is the court date, your brother would miss it, then a bench warrant will be issued, with a radius of search. If he flies back in the US through an airport within that radius he will be detained. He will be let in the US, but detained nonetheless.
 

jcroot88

Registered Users (C)
Hello Guys!

Just a quick update regarding this thread, maybe this could help someone else in a similar situation.

My family and I just got back from Peru (including my brother) without any issues at all.

This is what happened:

I made some changes to his plane ticket and my ticket and instead of directly arriving at the Newark Airport (New Jersey, where the incidents, felonies happened) we decided to arrived at Miami, Florida then we took another domestic flight to Newark, N.J.

At the Port Authority in Miami, the officer kindly told me to go through the US Passport Line (I am a Naturalized US Citizen) and I asked him if my brother (a green card holder, the one with the DWI tickets) could come with me since I need special assistance ( I am a handicapped person).

The officer politely said yes and that was it. They asked me for my US Passport, then asked me how long I was out of the country and then just asked my brother to take his fingerprint and photo. That's it.
 

jcroot88

Registered Users (C)
By the way, i forgot to mentioned that my brother's lawyer was able to rescheduled his court day from Aug 4 to Aug 27.
 

ou90d02

Registered Users (C)
So did any of this have any impact on his green card. Were you able to travel or odd the country work dwi
 
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