DUI Folks ..Log your concerns here

Hi guys dui is trouble

I Got a DUI Charge pleaded to DWI which is lesser offence like carries 2 months of Jail with $ 500 fine reduced to 250. And Probation (PBJ)
Supervised for 1 Year But the conditionof probation states it will be brought down to unsupervised If I finish the class and a Madd meeting which is due Dec 17. The PO told me come on Dec 19th I will turn it to Unsupervised. While I was being taken in By the Department of Parole and Probation I was finger printed and photographed.

I have a Green Card unfortutately I finished 5 Years in this Nov. BTW my DUI was in Jan 2008, Bcoz court was full they could not schedule it until yesterday.

Now my question is:

1.) Will they deport me.
2.) If travelling will they detain me.(In this case I know I will not find anybody to write back bcoz they are in detention or already deported.)
3.) Can I file Citizenship after my probation gets over.

If anybody has any experience please suggest. I am in deep Stress.
 
TagoKumar said:
I Got a DUI Charge pleaded to DWI which is lesser offence like carries 2 months of Jail with $ 500 fine reduced to 250. And Probation (PBJ)
Supervised for 1 Year But the conditionof probation states it will be brought down to unsupervised If I finish the class and a Madd meeting which is due Dec 17. The PO told me come on Dec 19th I will turn it to Unsupervised. While I was being taken in By the Department of Parole and Probation I was finger printed and photographed.

I have a Green Card unfortutately I finished 5 Years in this Nov. BTW my DUI was in Jan 2008, Bcoz court was full they could not schedule it until yesterday.

Now my question is:

1.) Will they deport me.
2.) If travelling will they detain me.(In this case I know I will not find anybody to write back bcoz they are in detention or already deported.)
3.) Can I file Citizenship after my probation gets over.

If anybody has any experience please suggest. I am in deep Stress.
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You will need to prove 5 years of good moral character. In your case, Jan 2008 + 5 years. So until 2013 you won't be able to file for citizenship. Until then you should be able to renew your Green card. But regardless, you should be able to travel on green card or any valid immigration status. I have travelled on H1 a few times; mostly after my conviction. But you don't need to worry about the travelling part so long as you have a valid green card. If you are really worried; then carry your court deposition paper; it's usually issued by the clerk's office. Which state did you get it?
 
I guess If I knew this is such a mess. My state is MD. I read in USCIS website, simple DUI is not a CIMT or Aggravated Felony or Crime of Violence and they even say one simple DUI is not a deterrent to establishing GMC, even one my attorney friend in VA said She got Citizenship for DUI's applying after the probation is over. Is there no standard policy across the USCIS District offices. Please share any citizenship application denial case.
 
risto said:
I have a DUI from July 2007, and will be going for an H-1B visa stamping in India in a month. Since I am resident in the US, I can apply at any of the 4 consulates. I have seen reports of successful H-1B visas being granted after a DUI post the new panel physician requirements in Delhi, and of problems with Chennai. Anyone have any experience of Mumbai or Kolkata. I will be working in our Mumbai office during this time, and my parents live in Kolkata. So those are the two easiest consulates for me to apply at, but it would be good to know any previous experiences with a DUI (post panel physician requirements) in Mumbai or Kolkata. Please post.
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Did you travel or they asked question at POE.
 
POE trouble?

Has anyone with a DUI on an H-1 visa with a visa stamp in their passport ever been hassled at the POE while flying into the US - either sent to secondary or deferred inspection or worse, denied entry/ thrown in immigration detention? I have to travel in and out of the US many times a year on work, and I'm concerned that they might make a mistake against me one of those times, and not let me in or worse, throw me in immigration detention. Please share any experiences at the POE while traveling with a past DUI on your record.
 
Risto,

I think you can be most re-assured your entry without detention. If they had to detain you they wouldn't have stamped the passport with a new visa. IF at POE they ask anything show all the court papers. If this country start detaining people with a simple traffic offense like DUI believe me. It is not a country good anymore to immigrate. These are social problems every citizen, immigrant or resident makes a mistake. And the state court has given you appropriate punishment for your wrong doing which you are abiding. You are not a criminal, you drank and because of your impairment of mind you drove. You made a mistake. May be if you were in your senses you wouldn't have done that because you don't have a criminal mind. William Relinquist sited that in 2004 in supreme court that there is no criminal intent in a DUI it is just breaking a regulatory rule like driving in 85 miles per hour when the posted speed limit is 55. I argued myself with the MADD instructor, just because I am an immigrant and earned my legal status proving that I am an equal in terms of intellectual capabilities inspite of my indianized english, dirty skin than any born here american citizen, with one small mistake I have no choice after leaving and contributing in this country leave this country is not fair humanly. If this country talks about humanity. If they still then, my India is still more great in human values. May be laws are not so strict but still every citizen has compassion for a fellow citizen. Lets make India a better place in the world rather that live like a parasite in somebody else's country who dont need us anymore. My 2 cents. Dont Drink and Drive again in your life.
 
My DUI revocation is going to end soon

As per the dates from DMV, my DL suspension ends on Jan 07. I have a few questions for all you guys

1) Can i go on Jan07 to get my DL or do i need to wait a day or two?

2) Where do i need to go to get my DL? DMV (or) Court (or) some other place?

3) I haven't received any letter from the DMV or court or the state about my Alcohol classes. When am i going to receive the schedule from them?


Please let me know.Appreciate your time.
 
Your dates are messed up I hope you are talking of Jan 09. Which State suspended your license and which state are you domicile of. All DMV carries a chart which has a license suspension date and correspondingly a license reinstatement date segregated by period of time like 45 days 60 days 120 days 180 days and 365 days. So doesn't matter when you go unless they see the correct date they will do nothing. So are saying till now you have not received court punishment ?
 
This is from the FAQ of Division of Parole and Probation MD.

Q22. Is driving while intoxicated (DWI) on my criminal record?

No. Motor vehicle charges are not part of your criminal record.
 
TagoKumar said:
This is from the FAQ of Division of Parole and Probation MD.

Q22. Is driving while intoxicated (DWI) on my criminal record?

No. Motor vehicle charges are not part of your criminal record.
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even if fingerprinted? i thought once arrested and fingerprinted it will be part of criminal record...
 
See what I have gathered, (I may be wrong, Please put everybody's input into this. People get quite as soon as thier thing is done or over. Please share all happenings, so everybody know what to expect.)


Finger Printing at the time of arrest goes to FBI records. That is the reason we saw people while they go to consulate to do visa stamping, as soon as they give their finger print, it says CLASS HIT. At the cosulate they have no way to know what is the actual conviction. That is why they send the request to washington to see the cause of arrest. Now arrest doesn't mean conviction, therefore they ask for court dispositions to verify the offence and sentence.

Secondly when you go to probation intake they again take your FP. This is kept in the STATE CJIS and if Criminal then shared with FBI.

NOW as per my previous post from Division of Payrole And Probation, it clearly states that any DUI/DWI record does not go to Criminal Record database but Stays with Motor Vehcle records. Now this is in State of Maryland. Here all DUI/DWI crimes are misdemeors. The conviction I got is DWI which is given when your BAC level is less .08. The conviction covers Max 2 months of Jail with or Fine Max $ 500.00 and 8 Points on DL. I am given Probation before Judgement, which means if I complete the probation
sucessfully no charge will be assesed and the case will be dismissed. Now this in on my Guilty Pea. Therefore for federal purposes it is considered conviction. My case status still says Active to Trial (which means this is deffered conditional judgement.) Now I am sure different States have different laws. MD state laws are little linient for first timers. Texas, Arizona. Utah Virgina are the worst. My 2 Cents will appreciate everybodys move on this so that we can prepare in advance what to expect next.
 
Hi,

- DUI arrest (0.09) on Aug'05.
- Lowering of charge to wet-reckless and conviction on May'06.

- Current H1-B expires on Oct'09.

Could someone please advice me on the following:-

1. I know that the law states that a DUI applicant will not be referred to a "panel of physicans" if the arrest or conviction was before three calendar years. Since my conviction was in May'06:-
a) Does this mean 36 months, and that I will not need to be referred to a PoP if I apply for renewal in July'09?
b) OR Does this means I need to wait till 2010 to avoid being reffered to a PoP?

2. My initial H1-B was issue in Chennai and they took 2 - 3 months for background checks because of the DUI. Do you think they will conduct it again?

Thanks in advance.
 
Hi

I am in USA for the past 1 years 8 months on H1B Work visa. On Nov 22nd 2008, i was arrested for DUI in North Carolina. My BAC level was 0.1.
There was no injury or accident. I was speeding at 100 mph in a 55 mile zone and i was also charged with reckless driving. My 1st court date was Jan5th 2009 which was extended by my DUI lawyer to Feb 18th. My H1B visa is expiring on March 2009. Also my wifes H4 visa is expiring with mine. I have applied for H1B extension now. Here are some questions i had -

1) Will this DUI affect my extension, even if i stay in US while filing the extension?
2) how will the USCIS come to know of my DUI? Also, will the DUI reflect on my records after the arrest, or after the court conviction?
3) As i understand, the DUI will only come into picture when i go for stamping in my home country, not if i keep extending my stay in US by filing for extension. Is this true?
4) If i get the charge reduced to reckless driving, how will this impact my visa
5) Since this is my first offence, should i wait for 3 yr period in US, and then go for stamping. Will that gaurantee that i am not subjected to panel physician process?
 
everyone, I recently got my license. thanks everyone for your support.

Hello ronnies147

1) Will this DUI affect my extension, even if i stay in US while filing the extension?
DUI is not a crime as long as no one is hurt. As far as i know it shouldn't. If you read the forums you will see a few posts which says about DUI and succuessful visa stamping
2) how will the USCIS come to know of my DUI? Also, will the DUI reflect on my records after the arrest, or after the court conviction?
USCIS will come to know if it runs a background check(Criminal or Driving Record). Yes it appears on your records, also it might affect your insurance for a while

3) As i understand, the DUI will only come into picture when i go for stamping in my home country, not if i keep extending my stay in US by filing for extension. Is this true?
Yes it might, depends on a few factors though. fingerprinting is one way to trace your records.

4) If i get the charge reduced to reckless driving, how will this impact my visa
It shouldn't impact your visa. We have a lot of criminals with no valid documents roaming around all over. so don't get panicked

5) Since this is my first offence, should i wait for 3 yr period in US, and then go for stamping. Will that gaurantee that i am not subjected to panel physician process?
They cannot reject your visa based on DUI. Like i said earlier DUI is not a crime. If you are too worried..may be go to some other country for stamping
 
Hi All,

My case is similar to duiguy_recent. I was pulled over in OCT 2008 in NJ for DUI. Got 2 other ticket with DUI. My BAC was 0.09.
This was my first offense. There was no accident or injury. I was taken to the police station and released after 2 hours.
Hired an attorney. Plea guilty in Nov 2008. Here's what I got:

- 3 months license suspension
- 12 hour IDRC classes.

I'll get my license back in FEB 2009.In DEC 2008 I got a letter from DMV asking to pay $200 for IDRC class fees which I did.
But I haven't received any update from DMV regarding IDRC class appointment . So I called up Trenton IDRC center and they told me
that there is a 5 to 6 month waiting for that.

I'm planning to go to India in March 2009. (Not for stamping). So my question is what if I go to India without completing IDRC classes?
Will I have any problem in POE? What are the documents I need to carry?

Should I consider myself little lucky as I wasn't finger printed at the time of DUI arrest?

BTW, I recently changed the company and applied for H1B Transfer/ Extension as well as H4 Transfer/Extension for my wife (In Dec 2008
after I got my DUI) and I got both approvals in first week on Jan 2009.

Please respond! Any help is greatly appreciated.

Thanks.
 
I am in the same boat as you are. I am still waiting on my H1 Extension approval which i applied for in NOV 2008. As far as your case documents are, i think a court deposition letter which says the case has been closed, and NOC from your local county police dept and a letter from your attorney and all the fee receipts....In New jersey DUI is considered as a motor vehicle offense, not even a misdemeaour..so i don't see any issues at POE. The big question even i have is what should we say in the form D6 for the question Have you been arrested or convicted since we are not finger printed?
 
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