Arrested under 'DUI', pls help

bluesong

Registered Users (C)
Thanksginving turned out to be a tradegy!!!

I hope you gurus can give your ideas: my friend got arrested last Friday on highway and will face DUI charge. It was said that the arrest record will gose to FBI.

The problem is that he expects to have his I485 fingerprint very soon (not sure his RD yet). How can he do that with knowing that he got arrested and Immigration Officer will find out that? But it seems no choice.

Please drop any advice to help this bad luck guy out!!!

Millions thatnks!

BSong:mad:
 
Originally posted by bluesong
Thanksginving turned out to be a tradegy!!!

I hope you gurus can give your ideas: my friend got arrested last Friday on highway and will face DUI charge. It was said that the arrest record will gose to FBI.

The problem is that he expects to have his I485 fingerprint very soon (not sure his RD yet). How can he do that with knowing that he got arrested and Immigration Officer will find out that? But it seems no choice.

Please drop any advice to help this bad luck guy out!!!

Millions thatnks!

BSong:mad:


A DUI record will not affect your friend's GC processing. Ask him to relax.

hth
dyno
 
Originally posted by bluesong
Thanksginving turned out to be a tradegy!!!

I hope you gurus can give your ideas: my friend got arrested last Friday on highway and will face DUI charge. It was said that the arrest record will gose to FBI.

The problem is that he expects to have his I485 fingerprint very soon (not sure his RD yet). How can he do that with knowing that he got arrested and Immigration Officer will find out that? But it seems no choice.

Please drop any advice to help this bad luck guy out!!!

Millions thatnks!

BSong:mad:


Instead of getting quick codes here and there, go and find the answer with your friend. A single conviction may be permissible...your friend was not convicted yet, so you can keep drinking..just do not drive..crimes of moral turpitude are serious..this maybe found to be "aggravated felony", a more serious crime..

http://www.criminalandimmigrationlaw.com/cmt/cmt.html#cmt

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm Government rules USC

http://www.nilc.org/immlawpolicy/removcrim/removcrim028.htm Arizona case

http://www.ailf.org/lac/lac_briefarch_9912255220.htm

http://www.pdsdc.org/CriminalLawDatabase/Immigration.asp?ID=1
 
Last edited by a moderator:
Cinta and all-

Many thanks - I am more than impressed!!

The info you provide is so informative. I took a simple study and it's my understanding that the KEY point is CONVICTION - from what your comment?

What if he could have case dismissed? My understanding is that even so the arrest record will still be there for FBI tracking. I guess this is the area we are not sure.

Another guy just told me that he know a similar family-voilence case - the principle applicant (I485) got arrested but not convicted (cased dismissed), and his immigrantion lawyer told him NOT to worry about. But - How could it be possible to igore the arrest record?

Any difference and similarities?

Thanks for your input!

BS.
 
Hi,

I read somewhere on this board a long long time ago that if you are not convicted , there is a way to "expunge" (Clean/Wipe) your police record. So the Key is to get a "kickAss" DUI attorney and strike a deal (Plea Bargain) with the Prosecutor ... and reduce it to other less minor charges... Remember the prosecution has nothing to gain from convicting your friend who has no prior record and with decent background.

All they are interested in is how much (revenue) the Town
can make out of this.... I know it sounds corny but thats the real world.
 
Re: Hi,

Originally posted by eternity
I read somewhere on this board a long long time ago that if you are not convicted , there is a way to "expunge" (Clean/Wipe) your police record. So the Key is to get a "kickAss" DUI attorney and strike a deal (Plea Bargain) with the Prosecutor ... and reduce it to other less minor charges... Remember the prosecution has nothing to gain from convicting your friend who has no prior record and with decent background.

All they are interested in is how much (revenue) the Town
can make out of this.... I know it sounds corny but thats the real world.

Yes, you can expunge your records... Read also the following.............................

From: Carl Shusterman (carl.shusterman@gte.net)
Subject: Naturalization: Three Reasons Why Not To Apply
Newsgroups: misc.immigration.misc
Date: 2003-11-23 21:48:28 PST


Becoming a naturalized citizen allows you to vote, work for the federal
government, petition for your parent and siblings, etc, etc. People also
encourage you to become a naturalized citizen.



Here are three good reasons from a former INS Naturalization Attorney
(1976-79) why you might be better off NOT applying for naturalization:



REASON #1 - Criminal Record



One woman we know had a couple of expunged shoplifting convictions back in
the 1980s. She turned her life around, and decided to apply for
naturalization. The result? Her application for denied, and she was placed
under removal proceedings. We are currently trying to stop the government
from deporting her.



Remember that just because a particular crime was not deportable when the
conviction took place does not mean that the government can't deport you for
the conviction now. Also, an expungement may wipe out a conviction for most
purposes, but not for immigration purposes. Finally, it does not matter how
long ago the crime was committed, there is no statute of limitations for
deportable crimes.



REASON #2 - How Did You Get a Green Card?



What if you obtain an employer-sponsored green card, but never worked for
the petitioning employer? There may a perfectly reasonable explanation for
this, but the government may force you to tell it to a Judge in a removal
proceeding. The same result if you "forgot" to tell that the INS about an
important aspect of your case when you applied for your green card.



REASON #3 - Have You Ever Claimed to be a U.S. Citizen?



In 1996, Congress passed a law that provides that if you ever claimed to be
a U.S. citizen after the law was enacted, you are deportable, and there is
NO WAIVER.



A lot of people apply for naturalization only to be placed in removal
proceedings. It is oftentimes a wise move to consult with an immigration
attorney who is experienced in naturalization law prior to making an
application.

*********************

Carl Shusterman served as a Trial Attorney for the U.S. Immigration Service
(1976-82) before entering private practice. He heads a four-attorney firm
specializing exclusively in immigration law. He maintains an extensive
website entitled "Immigration: A Practical Guide to Immigrating to the U.S."
containing over 1,000 articles on all phases of immigration law. He is the
author of SHUSTERMAN'S IMMIGRATION UPDATE, a free, monthly e-mail newsletter
on immigration laws and procedures. You can subscribe online at
http://shusterman.com/subscribe.html
 
Expunged Record

When the arrest record is expunged, does it get removed from all the places or it stays on in the immigration (FBI) files?
Does anyone know how this works?
 
info from bluesong

bluesong,

No info from you. can you please post some info on your friend's dui case. Also gujdho, what about yours.

thanks.
 
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