2nd degree misdemeanor ??????

S

sinyoke

Registered Users (C)
Hi,

Anybody know what is this 2nd degree misdemeanor?How will it effect green card interview?Is it a cimt? :confused: :( :(
 
you have to look at the detailed charges and convictions especially as to whether they fall in the category of moral turpitude.
 
Wet Reckless..

Hi everyone,

I am new to this forum. My I140/I485 were filed concurrently with
RD Jan, 07,2005. I140 approval May/2005, FP done in March and
results were received by the cal. CIS end of March, 2005.
According to CIS the decision on my case is pending the name check
results from FBI :confused: :confused. I had however an issue 1 month ago when I got arrested for DUI :( . Court reduced it to reckless driving which is still a misdemeanor.
Does anybody have a similar experience as to how this might effect the
I-485.
Please let keep eachother updated!

-thx
 
Arrest report/final disposition

Case will be transferred to local CIS office if name check is hit. Make sure you bring the arrest report, final disposition, any related documents pertaining to the charge to the interview.
 
thamks for the feedback.

is the arrest report the police report? I red in this forum that CIS is not interested in that.
Is the court disposition the paper I got from the court indicating the charges and the fine?
Any idea how I can find out whether "wet rekless" which is a reduced charge from DUI make me inadmissible to the US or not!
 
Please see my response below. Also, both arrest report and disposition documents need to be original or certified.

far63 said:
thamks for the feedback.

is the arrest report the police report? I red in this forum that CIS is not interested in that.
***********Yes, arrest report is the same as the police report. You will get a letter and checklist from CIS for the AOS interview stating what documents are required if you were convicted. Arrest report is in the checklist. You want to make sure you have it available as it's up to an individual CIS officer to request it. You don't want to give CIS any reasons to delay your case! So it's always good to have it available in case they ask for it.

Is the court disposition the paper I got from the court indicating the charges and the fine?
***********Yes.

Any idea how I can find out whether "wet rekless" which is a reduced charge from DUI make me inadmissible to the US or not!
***********My understanding is that DUI does not have any ground for inadmissibility to the US as DUI is not a CMIT.
Click to expand...
 
wet reckless

thanks sigh007. These are really very usful advises. I will keep you and all forum participants posted about my case.
 
actually you don't need the arrest report or some state called rap sheet. The reason why you don't need that is the officer can simply look at the computer records sent by the FBI. What you really need is an original copy of Certificate of Disposition issued by the court when your case was adjudicated. Make sure this copy does carry the original seal of the court. Also if possible please bring your attorney with you in case there is something happens.

For whether this charge falls in the scope of inadmissibility you can go to the library and try to find out if it belongs to the moral turpitude. Normally if there is no jail time or probation beyond the 1 year period, you should be fine. For that you have to double check with your attorney.

This is the good sign if your case is transfered to the local office for AOS interview, you should not worry too much. Think of that, if you were inadmissible you won't get this interview chance your case would be already denied and you would be put on the depotation proceeding at the first place.

Good luck to you!
 
thanks buzzhd!


please see below my comments!

buzzhd said:
actually you don't need the arrest report or some state called rap sheet. The reason why you don't need that is the officer can simply look at the computer records sent by the FBI. What you really need is an original copy of Certificate of Disposition issued by the court when your case was adjudicated. Make sure this copy does carry the original seal of the court. Also if possible please bring your attorney with you in case there is something happens.

[]I will follow your advise. I haven't been scheduled for the interview yet, as my case is pending the FBI name check, but my immigration lawyer indicated that I will be required to attend an interview at the local CIS office, he also avised me not to attend the interview w/o a lawyer!

For whether this charge falls in the scope of inadmissibility you can go to the library and try to find out if it belongs to the moral turpitude. Normally if there is no jail time or probation beyond the 1 year period, you should be fine. For that you have to double check with your attorney.

[]well I did some internet research. The max. jail time is for first offense DUI, 6 months in county jail. DUI was originally charged against me, however the criminal lawyer I retained, got a plea pargain "wet reckless" for me. Here the max. jail time is 90 days in county jail.
I didn't need to go to jail, but I got an 3 years informal probation "summary probation", which is typical for first offense DUI or wet reckless! Now this really worries me. I don't know how the CIS would interpret this!

This is the good sign if your case is transfered to the local office for AOS interview, you should not worry too much. Think of that, if you were inadmissible you won't get this interview chance your case would be already denied and you would be put on the depotation proceeding at the first place.

[] right now I am stuck in FBI name check, as my FP results are already at CIS, I assume an interview is only possible after my name check is done or when I do my 2nd FP, which might be some times in spring 2006.

Good luck to you!
Click to expand...

[] Many thanks for the time you guys spend in sharing the information with me. Quite frankly it is very embarassing to be stamped as criminal. Believe me in my case what it took was 3 glasses of wine with the dinner followed by driving back home 2 hours later, when I tought I was sobber, then being pulled over by the CHP and blowing 0.07% in the breathanalyzer (legal limit in CA=0.08%). I guess what I would like to share with whoever reads this note is just to make them aware that when it comes to driving please abstain completely from alcohol. A cop need only smell it in your car, then the trouble begins! :eek:
 
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far63 said:
..then being pulled over by the CHP and blowing 0.07% in the breathanalyzer (legal limit in CA=0.08%)..
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I thought if the BAC is below legal limits (0.08%), the case should be dismissed. How did they convict you with your BAC 0.07%?
 
Dui

Calisto12 said:
I thought if the BAC is below legal limits (0.08%), the case should be dismissed. How did they convict you with your BAC 0.07%?
Click to expand...

My understanding is this: someone arrested for DUI will be charged :

[1] driving with alcohol in system
[2] driving with a BAC >=0.08%

if BAC>=0.08%, definitely DUI. Lawyers are able to get a plea bargain wet/dry reckless for the first offense, even if BAC is above the legal limit.
if BAC<0.08%, no DUI but the 1 chrage still applies. In this case usually the
DA reduces the charge to wet reckless and in some cases dry reckless, both still misdemeanor with max. jail penalty 90 days.

Cops usually don't care. They can still arrest you even with a BAC<0.08%.
That is what happened to me! :mad:
 
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Need an Advice

buzzhd said:
actually you don't need the arrest report or some state called rap sheet. The reason why you don't need that is the officer can simply look at the computer records sent by the FBI. What you really need is an original copy of Certificate of Disposition issued by the court when your case was adjudicated. Make sure this copy does carry the original seal of the court. Also if possible please bring your attorney with you in case there is something happens.

For whether this charge falls in the scope of inadmissibility you can go to the library and try to find out if it belongs to the moral turpitude. Normally if there is no jail time or probation beyond the 1 year period, you should be fine. For that you have to double check with your attorney.

This is the good sign if your case is transfered to the local office for AOS interview, you should not worry too much. Think of that, if you were inadmissible you won't get this interview chance your case would be already denied and you would be put on the depotation proceeding at the first place.

Good luck to you!
Click to expand...

I already got the greencard but my wife hasn't, her case is transferred to local INS office. In past she had minor misdemeanor case. She took five alternative classes and her case was sealed. "original copy of Certificate of Disposition". How this paper looks? Because I have one letter, which mentioned "case dismissed and record order sealed upon court cost". Is it same letter? I have copy of this letter. Do I need original letter or do I need to certify it? If I have to certify where I need to go?


One more thing what it means, "this copy does carry the original seal of the court". Do I need court seal envelop or something?

I am worried right now because she is appearing for interview early next week.

Please advice me.

Thanks in advance,
AJ
 
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AJay: Did she mention that arrest on her 485 form? Do keep us posted on the Qs asked to her during the interview and outcome. In her situations..looks like she shall be fine...just be truthful
 
As long as it is the first offence, a misdemeanor and the max possible sentence is not 1 year or more (note, it is the max possible sentence that you have to worry about, not what the actual sentence was) there is nothing to worry. However, you have to have a good immigration attorney working with you in this case. To protect your rights, you need to take your attorney with you to the interview. Good Luck.
 
me too no court seal, just a simple computer printout with words this is certified copy, the court clerk said yep this is certified copy, coudln't ask again
A_Jay said:
I already got the greencard but my wife hasn't, her case is transferred to local INS office. In past she had minor misdemeanor case. She took five alternative classes and her case was sealed. "original copy of Certificate of Disposition". How this paper looks? Because I have one letter, which mentioned "case dismissed and record order sealed upon court cost". Is it same letter? I have copy of this letter. Do I need original letter or do I need to certify it? If I have to certify where I need to go?


One more thing what it means, "this copy does carry the original seal of the court". Do I need court seal envelop or something?

I am worried right now because she is appearing for interview early next week.

Please advice me.

Thanks in advance,
AJ
Click to expand...
 
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