Ciba and others: DUI and I-485

A

Ashwani

Registered Users (C)
I had a DUI in California last year (04/2000). I filed for I485 in 06/2000 at CSC and did mention that I was arrested for DUI. Subsequently, they transferred my case to San Jose, CA for Interview. As I await my interview call, I\'m begining to get nervous.
Will DUI deny me from getting a green card. My attorney says no, but you know how attorneys are!

My question to the group is have you or anyone you know been through a similar experience. If so, what do they ask in the Interview and how did you answer the question? Was the GC approved or denied. Where there any further complications?

By the way for the benefit of those who aren\'t aware of what a DUI is: Its Driving Under Influence. Never drink and drive. A piece of advice from someone who sincerly regrets doing it.

Thanks
Ashwi
 
No Title

Are you convicted?

Maybe a president with a DUI record in the White House
is good news. Ask him for a pardon.
 
No Title

Ashwi,

I am not positively sure, but I am guessing that DUI, while a very serious
offense, will not be a ground for denial. In Texas, any green card holders
who convict wtih driving under the influence used to be deported to their
home countries. Just a few days ago, a court handed down a rule saying
that DUI can not be used for deportation. This is what I remember.

I hope people will take your advise for not driving under the influence,
which is putting yourself and others in danger.

Let\'s hope you will be fine on the interview. Can you please post your
case details? Thanks and good luck,

ciba
 
No Title

Was your case transferred to San JOSe before or after your FP were taken? I am nervous too. My hushand was cited 2 years ago, and on the appl because it said "have you been cited, excluding traffic violations" we marked no. Now we found out that we made an error.

Our attorney tells us that our case will be transferred to LA. IT would be very sad if our petitions got denied because of this. All the hard work for 9 years will go down the drain.

I will let you know what happens with our case.
 
No Title

Ciba,

Thanks for the encouragement. I\'ll keep you posted on what happens. Please let me know if you hear about someone with a DUI getting the case approved. Here are the details of my case.

Priority Date : Jan - 1999
Notice Date: June -2000
FP: July-2000
Case Transfered : July-2000

Thanks again.
Ashwani
 
No Title

Apshroff,
the case was transferred after FP. My hunch is the case would have been transferred regardless of the FP results - the reason being I marked one of those list of questions as "yes" (whether I was arrested) and when you mark something as yes, I guess there systems automatically put you into a interview pool. I marked it as yes, after consulting with my attorney and he said the right thing to do is to disclose it.

Keep me posted on what happens to your case and if you happen to find something new from other sources. I will do the same.

Thanks
Ashwan
 
No Title

Hi Ashwani,

Thanks for sharing your data. Can you please check your I-485 notice
date (not the approval date)? And if it\'s not too uncomfortable for
you, can you also post your country of origin and EB category?

Interview data is very important and valuable for the tracking.
I will watch out for a similar case to yours and keep you posted,
and you do the same.

ciba
 
No Title

There is absolutely nothing to worry at all. I am surprised that why they even transferred the case. I suppose that it was your first DUI with no accident or injury.

If that is the case relax. You have not committed any big crime which nobody in this world has committed.

I am a DUI case happily with a GC. Case was never transferred. Infact approval was three times fater than other nonDUI cases.

Don\'t worry. Take it easy.

Did you attach the court papers alongwith the application. That does make a diffrence. If you didn\'t send it with the application, please take them with you to the interview.
 
No Title

Thanks a lot dontworry for your input. I will keep my fingers crossed. We just got our FP done on 3/15. Now we are waiting to see what will happen.
 
No Title

I\'m a DUI case planning to apply my 485 little bit tensed can you tell me the hurdles and high jumps I can expect during the filing what prcautionary steps I have to take while filing the application ..
 
No Title

Micheal,

Before you file your I485 you need to understand your DUI case throughly. Issues you may want to address inlcude, but not limited to:

a) Is this your first DUI ?
     - If first DUI, the rest applies, else directly meet up with a reputed immigration attorney like Rajiv.

b) When you were stopped, where you technically arrested or where you taken to a first chance?
     (arrest means, you were finger printed and all your stuff was taken away (like your valet, keys, money) for safe keeping. First chance is normally a place like a Church or school. They keep you for a few hours till you are technically safe to drive and then let you go.
      - If you were not arrested, dont worry much. Just dont repeat drinking and driving ever again.
c) Was your driving privilege suspended?
       If yes, make sure your Driving privilege is current and good when you file I485 and appear for interview.

d) If you were arrested, what was the sentencing in court? Where you given Jail time and/or Sheriff\'s work programme?
     Probation? Did you complete them?
       
       If you are on probation, try going back to the court and bargaining for x days of sheriff\'s work programme to get the
       probation removed. The most safest and cleanest method is not to be under probation while filing 485.

e) Make sure the attorney of your choice has a interest in you and your case. If he doesn\'t treat it with much importance and just says, all is fine and handles it in a casual way, then thats not good at all and I would recommend you to change your attorney to someone who cares and remembers all the time about the issues involved. (that this is DUI case and just not an other 485)

Regards
 
No Title

Ashwani,

Thanks for your post, I wish good luck to you.

Re FP, does it mean that I am clear if I never FPed before except for I485 and EAD? I was involved in a minor car accident($500 damage, my fault, not DUI, my insurance company paid the damage) 3 years before, and the other partner called police, and he recorded my names and driver licence number. Another time was when we had a party, and it became too noisy, some neighbour called police. I think police also recorded my SSN and some other info.

I answered NO to all those questions in 485 form.

Thanks for your reply.
 
No Title

I guess you are okay with answering "No" for the questions in question as per the cases you were involved in. Car Accidents are fine as long as you have not been charged with manslaughter (if someone is killed in the accident and you were drunk - you would be charged with manslaughter).

Regarding the other instance where cops where called because of noise - that is no problem as long as you were not charged for anything again. You need to answer "yes" only if you were arrested.
 
No Title

Any one from Illinois got a DUI and got I485 approved? OR any DUI history applicant got I485 approved? Please post your experience. I filled I485 recently. I am very nervous. Single DUI with completed 9 month court supervision. No other charges. Andvance thanks for your important information.
 
No Title

Princeson,
I\'m a dui waiting for my 485 my question is in the application what did you say for the question in part 3 where you have all questions about convictions .please respond i\'m in the same stage bit vervous
 
No Title

rag jack,
On application I mentioned yes. Please update when you get approved. If you have only one offense in a the time of DUI and have no previous history before any where, then you shoul be OK. In state of Illinois DUI is a regulatory offense as Class A misdemeneur. Class "A" can fetch you a maximum of jail term within one year. If the possible jail term is less than one year, then you should be ok. As DUI to be a crime of moral turpidude, a intention is required. A normal DUI for a over limit of intoxication does not have a intention. December 1999 a case "person had 2nd DUI" gone thru BIA, BIA confirmed a simle DUI with out intention is not a Crime of moral turpidude. How ever according to my research and thru several attorneys, I came to know a simple DUI is not a deportable offense. However be prepared for worse. If your 485 got denied you should file in immigration court within 7 days with a good attorney. This case should not have a problem in immigration court with simple DUI with a good attorney. Good luck, need not to take my advise, please consult a good immigration attorney.
 
You must log in or register to reply here.
Top