CouldI get deported for recieving a MIP?

I recently got a ticket for underage drinking. It wasn’t a DUI/DWI, just underage drinking. I am currently not a us resident. I blew a .06; court date is in a little less than a month. My grandfather is a citizen but my mother isn’t however she is in process of receiving her residency. I’m 19 and I entered the US at 5 (not illegally) but our visa is expired. Could I deported for this?

Asked on March 30, 2011 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well you are currently an illegal resident but whether or not that issue comes up will be dependant on whether or not the prosecutor is bringing this up in court. You are 19, so while you are being brought in for underage drinking, you are still an adult (i.e., over 18).  You could try working with the prosecutor by talking to a public defender about doing an alternative conviction and just doing community service. However, as to your deportation, it may become an issue and you may need to discuss this with your counsel if your counsel asks you.


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