Here is another reason why you should hire an attorney to represent you in an immigration interview: several Atlanta USCIS immigration officers, including supervisors, had taken the position that a conviction for a DUI with a sentence of 12 months confinement served on probation was an aggravated felony under the immigration laws and therefore, made an individual deportable or inadmissible.
Is this correct? NO! Under the immigration laws, an individual has committed an aggravated felony if she/he has been convicted of a crime of violenceand sentenced to 12 months confinement. DUI is NOT a crime of violence and therefore, CANNOT be an aggravated felony.
As such, having an attorney during an immigration interview is very important, as it can prevent an officer from taking a wrong decision based on an incorrect interpretation of the law that could literally change your life. If you believe that your application could have been wrongfully denied, contact an immigration attorney immediately.
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