Urgent Help needed....

cpgc_2002

Registered Users (C)
Hello,
I got arrested for DUI .My consular processing interview fell before
the trial date .How will that affect my GC Process or is there any
other alternative?

Awaiting eagerly for a response.
 
Sorry to hear this. If ur CP interview is before the trial date, then u should be fine. Because ur innocent untill proven guilty by court. I don't think it will affect ur GC Process before the trial date. If they specifically ask(which I doubt because ur not convicted yet according to the Law) then u can say that the trial date is so on so day, but don't deny or lie to them. DUI is not that a great deal.(apart from increasing ur insurance and hopefully ur not involved in any accident)

Hope for the best.
RKReddy

Originally posted by cpgc_2002
Hello,
I got arrested for DUI .My consular processing interview fell before
the trial date .How will that affect my GC Process or is there any
other alternative?

Awaiting eagerly for a response.
 
Originally posted by cpgc_2002
Hello,
I got arrested for DUI .My consular processing interview fell before
the trial date .How will that affect my GC Process or is there any
other alternative?

Awaiting eagerly for a response.

If you are convicted (and if case is categorised under CRIMINAL cases)you may have problems. Before trail may not be a problem.
 
thanks

thanks rkreddy, saradao
thanks for your reply. I have a couple of more questions

1)should i have to tell the consulate people before hand about my DUI or only if they ask?

2)is it better to have the interview date before trail date or after it, right now i am thinking of postponing it after the trail date?

3)what happens if my immigration visa is denied, should i be allowed to come back on my H1 or not?

4)or is it better to switch to AOS at this point?

Eagerly waiting for your responses
 
Re: thanks

Hi,

>>>>>>>>>1)should i have to tell the consulate people before hand about my DUI or only if they ask?>>>>>>>>
U don't have to tell the Consulate about DUI before hand(As we know it's no major achievement).

>>>>>>>>2)is it better to have the interview date before trail date or after it, right now i am thinking of postponing it after the trail date?>>>>>>>>.
It's better u have the interview before the trial date. If u postpone ur interview and u get convicted then ur case will be rejected either way for AOS or CP. It's better to have a interview before the trial date, as ur not yet convicted by court.

>>>>>>>>>>>>3)what happens if my immigration visa is denied, should i be allowed to come back on my H1 or not?>>>>>>>>>>>
Nope, ur H1 visa is cancelled the moment u give ur documents to the conuslate officer, so u will not be allowed to come back on H1.

>>>>>>>>>>>4)or is it better to switch to AOS at this point?>>>>>>>>>
Say u switch to AOS and u get convicted then ur case will be rejected based on the case of felony or misdemnor. It's the same with CP also. No differnce between AOS and CP.

RK

Originally posted by cpgc_2002
thanks rkreddy, saradao
thanks for your reply. I have a couple of more questions

1)should i have to tell the consulate people before hand about my DUI or only if they ask?

2)is it better to have the interview date before trail date or after it, right now i am thinking of postponing it after the trail date?

3)what happens if my immigration visa is denied, should i be allowed to come back on my H1 or not?

4)or is it better to switch to AOS at this point?

Eagerly waiting for your responses
 
Hi RKReddy,

There is one question in DS230 part 2 which is bothering me still
It is as follows:
"An alien convicted of, or who admits having committed a crime
involving moral turpitude or violation of any law relating to a
controlled substance; who has been convicted of 2 or more offenses for which the aggregate sentences were 5 years or more; who is coming to the United States to engage in prostitution or commercialized vice or who has engaged
in prostitution or procuring with in the past 10 years; who is or has been an illicit trafficker in any controlled substance; or who has committed a serious criminal offense in the United States and who has asserted immunity from prosecution. "

Can u let me know if I have to check an YES for this or a NO?

Thanks in advance.
 
Mr.Reddy, don't give a advice you don't know. DUI is not a crime of Moral Turpitude. If the DUI is a Misdemeanor and happened only once it does not effect GC at all. One DUI conviction of Misdemeanor nature will not effect GC processing at all.

Only Feloni will effect the GC processing.

Depressed people come here for some valuable suggestion for their peace don't mislead them, leading to more heart break. Please refrain from that they may conclude some thing and do some thing
 
YOU BETTER REFRAIN!!!!!!!!!!!1

Jagan0007,

You got to watch what ur saying. I NEVER mislead anybody in the forum. If ur lawyer why don't u call the person and give him the right advice. I don't think ur good reader of the posts posted. If u look at my earlier post I did say DUI is not big deal. That's my opinion and I have a right to give my point of advice. any person is free to take it or leave it. U don't have to get personal with me and don't advice me what to do. If u feel the posts are different u can give advice to the person who asked the question.u better not give ur stupid advice to me and tell me to refrain my view.

The country where I am working right now is democratic country and the place I was born is a democratic country. I can post my point of view and if u feel u have different point of view, u can post too but don't tell people what others have to do. And for the final time u don't know me and u don't have right to tell a person u don't know, what to refrain from.

RKReddy


Originally posted by jagan0007
Mr.Reddy, don't give a advice you don't know. DUI is not a crime of Moral Turpitude. If the DUI is a Misdemeanor and happened only once it does not effect GC at all. One DUI conviction of Misdemeanor nature will not effect GC processing at all.

Only Feloni will effect the GC processing.

Depressed people come here for some valuable suggestion for their peace don't mislead them, leading to more heart break. Please refrain from that they may conclude some thing and do some thing
 
Hi, RK,

I don't know what is your thinking pattern. I was referring your reply u gave earlier( which is pasted below with u r Signature). How can u have both the views. DUI when it is a Misdemeanor is not to worry at all. Try to get some sense.

Please try to help not go on talking about u r country,democracy, u r reply is pathetic.

Grow up Reddy...


>>>>>>>>>>>4)or is it better to switch to AOS at this point?>>>>>>>>>
Say u switch to AOS and u get convicted then ur case will be rejected based on the case of felony or misdemnor. It's the same with CP also. No differnce between AOS and CP.

RK

:eek: :eek: :eek: :eek:
 
Guys, Please cool it. We come here to share our experiences and our knowledge about the process.
Everyone has a right to his/her opinion. No one is policing this website nor is anyone trying to play guardian angel.
We are all adults. Let us concentrate on the task/goal ahead. That is our respective GC's.

Cheers,
Bapa
 
Sorry to be in this mud slugging............

Hi all,

I agree with "Bapa". this board is becoming a mud slugging about one another and the words used by the person is getting more and more personal. I have responded my comments to the person's personal message. Here I am going to comment/reply pertaining to the issues we are all having in getting a GC.

PS: Jagan I have provided u with my personal phone numbers and email to respond to the post. I am more than willing to talk to u in person.

Thanks
RKReddy
Originally posted by jagan0007
Hi, RK,

I don't know what is your thinking pattern. I was referring your reply u gave earlier( which is pasted below with u r Signature). How can u have both the views. DUI when it is a Misdemeanor is not to worry at all. Try to get some sense.

Please try to help not go on talking about u r country,democracy, u r reply is pathetic.

Grow up Reddy...


>>>>>>>>>>>4)or is it better to switch to AOS at this point?>>>>>>>>>
Say u switch to AOS and u get convicted then ur case will be rejected based on the case of felony or misdemnor. It's the same with CP also. No differnce between AOS and CP.

RK

:eek: :eek: :eek: :eek:
 
Coooool...... guys.....

Cool guys... It is really good to care about others. This could be one reason why all these. But not at all good to get into altercations. Let us work at common interest. Reddy, Jagan both of you did nothing wrong, just caring other's interests... Come on... I wish both of you leave this issue here...


Originally posted by rkreddy
Hi all,

I agree with "Bapa". this board is becoming a mud slugging about one another and the words used by the person is getting more and more personal. I have responded my comments to the person's personal message. Here I am going to comment/reply pertaining to the issues we are all having in getting a GC.

PS: Jagan I have provided u with my personal phone numbers and email to respond to the post. I am more than willing to talk to u in person.

Thanks
RKReddy
 
Hi, Guys,

Half Knowledge is dangerous. It could kill some one, even though this site is for open for our opinions.

My friend was in the same position and he was charged with Misdemeanor and he consulted his lawyer. And according to the INS one Misdemeanor is OK for GC. This is a proven and supported fact.

I got annoyed by some ignorant who is giving advice as a Misdemeanor will be rejected.

I thought I needed to strongly oppose it and we should refrain from that "open talk" on sensitive matters.

Peace.

P.S: RK I don't have time and any more to call and talk to you, I wish I could talk to the person who is in problem.
 
Thats right Jgan.. we need to think of some one in problem.. cpgc_2002, any developements from your side??

Originally posted by jagan0007
Hi, Guys,

Half Knowledge is dangerous. It could kill some one, even though this site is for open for our opinions.

My friend was in the same position and he was charged with Misdemeanor and he consulted his lawyer. And according to the INS one Misdemeanor is OK for GC. This is a proven and supported fact.

I got annoyed by some ignorant who is giving advice as a Misdemeanor will be rejected.

I thought I needed to strongly oppose it and we should refrain from that "open talk" on sensitive matters.

Peace.

P.S: RK I don't have time and any more to call and talk to you, I wish I could talk to the person who is in problem.
 
Guys,

Thanks in advance and please help us by being cool and please dont get into further altercations.
Special thanks to Mr.RKReddy and Mr.Jagan.

Now the thing is my immigration lawyer is telling me that there are 50-50 chances of me getting approved .My DUI lawyer is quite clear that 1st offense doesnot come under a felony/moralturpitude.
But I am still in a dilemma not knowing what to do..
Thinking to call Sheela Murthy or Rajiv Khanna and take a second opinion.
Do u guys have any more suggestions??

Hope to hear from you soon.
 
Last edited by a moderator:
CGPC you are saved

Hi, CGPC,

I don't know which Immi Attorney you are going thru. But the following e-mail thread between Rajiv Khanna's office and my friend who had a Misdemeanor conviction.

The Rajiv Khanna's office gave this reply to my friend, as he is processinghis GC thru them. He was arrested for DUI
( Misdemeanor). He gave them the detail mail to them and this is the replies from Rajiv's office.
------------------------------------------------------------------------------------
Date: Thu, 05 Sep 2002 03:12:25 -0400

As per Rajiv, if you have been convicted of one misdemeanor ever or just a traffic offense, it should not affect your GC.
Regards

My friend had one specific question:

At 07:50 PM 9/4/02 +0000, you wrote:

So, One DUI Misdemeanor conviction is Ok right. Please be clear. Your reply is not clear. Can I call you?.

Regards,


Reply from Rajiv's office:

Date: Thu, 05 Sep 2002 03:52:24 -0400

One misdemeanor of any kind should be ok. You might have to wait till you actually know the outcome of your court hearing.
Thanks
-----------------------------------------------------------------------------------

This is the best information I can give. This will help most of the guys with one Misdemeanor conviction. Rajiv and his Staff are very helpful . I would recommend them, specially in tough situations like this and RFE's....

But God help you if you have more than ONE Misdemeanor or a Feloni

Take care...
 
Hi Jagan,
Is there any chance that I can speak personally to the person or by email who experienced this ?
or I would like to know the answer to the one and only question which is bothering me (in a way how to answer 'Y' or 'N') of DS230II form.

"An alien convicted of, or who admits having committed a crime
involving moral turpitude or violation of any law relating to a
controlled substance; who has been convicted of 2 or more offenses for which the aggregate sentences were 5 years or more; who is coming to the United States to engage in prostitution or commercialized vice or who has engaged
in prostitution or procuring with in the past 10 years; who is or has been an illicit trafficker in any controlled substance; or who has committed a serious criminal offense in the United States and who has asserted immunity from prosecution. "

because I amnot yet convicted by court and my interview date fell before the court hearing date
would like to know how will it affect my GC ?

Thanks & Regards,
Anxiously waiting for a reply.
 
I can understand u r Anxiety. Yes, you should mention "Yes" in the form.

Please give me your no. (Thru a personal mail) and I will let my friend speak to you.
 
Re: CGPC you are saved

Even it's a Moral Turpitude Misdemeanor like retail theft?

Thanks,

Originally posted by jagan0007
Hi, CGPC,

I don't know which Immi Attorney you are going thru. But the following e-mail thread between Rajiv Khanna's office and my friend who had a Misdemeanor conviction.

The Rajiv Khanna's office gave this reply to my friend, as he is processinghis GC thru them. He was arrested for DUI
( Misdemeanor). He gave them the detail mail to them and this is the replies from Rajiv's office.
------------------------------------------------------------------------------------
Date: Thu, 05 Sep 2002 03:12:25 -0400

As per Rajiv, if you have been convicted of one misdemeanor ever or just a traffic offense, it should not affect your GC.
Regards

My friend had one specific question:

At 07:50 PM 9/4/02 +0000, you wrote:

So, One DUI Misdemeanor conviction is Ok right. Please be clear. Your reply is not clear. Can I call you?.

Regards,


Reply from Rajiv's office:

Date: Thu, 05 Sep 2002 03:52:24 -0400

One misdemeanor of any kind should be ok. You might have to wait till you actually know the outcome of your court hearing.
Thanks
-----------------------------------------------------------------------------------

This is the best information I can give. This will help most of the guys with one Misdemeanor conviction. Rajiv and his Staff are very helpful . I would recommend them, specially in tough situations like this and RFE's....

But God help you if you have more than ONE Misdemeanor or a Feloni

Take care...
 
Hi all,
We went to Counsular processing and our trip was successful.
Got our plastic cards too.

I was really saved and I thank you for all who helped me in replying promptly.

Special thanks to Rk , Jagan and Saradao.

cpgc_2002.
 
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