DUI and 485
- Thread starter samds
- Start date
Misdemeanor disorderly conduct
I was convicted for the disorderly conduct (plea bargain for 5th domestic voilence) in Aug 02. I filed for AOS in Jul 03 and declared the conviction. My sentence is not coming under Immigration Inadmissible or Deportable limit. I have received my EAD and AP recently.
1. Will there be any problem at the POE? Will my criminal record show up in the database at POE?
2. What are my chances for green card?
Your advise and opinion is greatly appreciated
Thanks,
Ceejay
I was convicted for the disorderly conduct (plea bargain for 5th domestic voilence) in Aug 02. I filed for AOS in Jul 03 and declared the conviction. My sentence is not coming under Immigration Inadmissible or Deportable limit. I have received my EAD and AP recently.
1. Will there be any problem at the POE? Will my criminal record show up in the database at POE?
2. What are my chances for green card?
Your advise and opinion is greatly appreciated
Thanks,
Ceejay
Ok, anyone with 5 DV cases would be getting raped in prison by Bubba. So my guess is that you pled the 5th... pled nolo contondere and hence convicted. Should've thought about it before you beat her.
On the lighter side,
How do you fix a broken dish washer?... kick her in the ass!
How many male chauvinist pigs does it take to change a light bulb?... NONE... the bitch can cook in the dark!
OK, before you guys (and gals) start pounding your keyboard with responses, these are just jokes! Cut me some slack... I live in Sin City!
On the lighter side,
How do you fix a broken dish washer?... kick her in the ass!
How many male chauvinist pigs does it take to change a light bulb?... NONE... the bitch can cook in the dark!
OK, before you guys (and gals) start pounding your keyboard with responses, these are just jokes! Cut me some slack... I live in Sin City!
Last edited by a moderator:
Clarification...
The 5th Amendment is also sometimes called the "Take the Fifth" Amendment states that no defendant can be forced to testify against himself in a criminal case. When being sworn in, you are asked to swear that you are speaking "... the truth, the whole truth, and nothing but the truth ...". By "Pleading the 5th" you can keep your promise to speak the truth without the possibility of jeopardizing your freedom. When under oath, you are expected to tell the truth, even if that truth would put you in trouble. Taking the fifth allows you to tell the truth about the case without putting yourself in trouble.
He didn't want to plead guilty. Pleading not guilty would have been a lie, so the only other option was pleading nolo contondere.
Who knows? Why am I coming up with a hypothesis? Let him clarify himself.
The 5th degree is the lower level of crime and 1 being the high. Arguing loudly with your spouse and if your time is bad enough, you will be charged with 5th deg domestic voilence. You don't have to beat your spouse for that. Please give your suggestions if you have any.. otherwise shut up, it can happen to anybody.
--ceejay
--ceejay
------------------------------------------------------------------------
The 5th degree is the lower level of crime and 1 being the high. Arguing loudly with your spouse and if your time is bad enough, you will be charged with 5th deg domestic voilence. You don't have to beat your spouse for that. Please give your suggestions if you have any.. otherwise shut up, it can happen to anybody.
--ceejay
-------------------------------------------------------------------------
Some people jump to conclusions without knowing details.
It's even crude to make fun of a guy who is seeking advise/suggestions.
The 5th degree is the lower level of crime and 1 being the high. Arguing loudly with your spouse and if your time is bad enough, you will be charged with 5th deg domestic voilence. You don't have to beat your spouse for that. Please give your suggestions if you have any.. otherwise shut up, it can happen to anybody.
--ceejay
-------------------------------------------------------------------------
Some people jump to conclusions without knowing details.
It's even crude to make fun of a guy who is seeking advise/suggestions.
yes I m still around.
I ve learnt quite a bit from this experience about the way the law works in the US.
Anyhow, after pleading guilty and paying the fine (a very hefty one too), I had to attend mandatory education program.
Essentially its a series of lectures and videos, they try to convince you that you are an alcoholic and a menace to society
One would think that having done that That woudl be it. Nope, the people conducting the program in 70-80% of the cases "reccomend" further councelling. meaning you have a choice of either doing something like AA for 8 weeks at 3 days a week or some other similar program. Failure to do it means they will not issue a "status" letter. (saying that you have completed the course and thus the court required program).
As far at the immigration is concerned it is still in status quo. I have not received any notices or updates. A second AP has been filed and is pending.
I also spoke to a two lawyers(Murthi.com). They have someone who specializes in these kinds of matters (its about $150 for consultation) and the lawyer processing my green card.
Bottom line is that as things stand right now its wait and watch to see what happens.
For the second FP notice, it is not particular to DUI's. The FP's are valid for a year (or a year and a half, I forget) and if your application has been pending longer than that then you may get a second notice. I know people who have got the second FP without any DUI etc.
Hope this helps.
I ve learnt quite a bit from this experience about the way the law works in the US.
Anyhow, after pleading guilty and paying the fine (a very hefty one too), I had to attend mandatory education program.
Essentially its a series of lectures and videos, they try to convince you that you are an alcoholic and a menace to society
One would think that having done that That woudl be it. Nope, the people conducting the program in 70-80% of the cases "reccomend" further councelling. meaning you have a choice of either doing something like AA for 8 weeks at 3 days a week or some other similar program. Failure to do it means they will not issue a "status" letter. (saying that you have completed the course and thus the court required program).
As far at the immigration is concerned it is still in status quo. I have not received any notices or updates. A second AP has been filed and is pending.
I also spoke to a two lawyers(Murthi.com). They have someone who specializes in these kinds of matters (its about $150 for consultation) and the lawyer processing my green card.
Bottom line is that as things stand right now its wait and watch to see what happens.
For the second FP notice, it is not particular to DUI's. The FP's are valid for a year (or a year and a half, I forget) and if your application has been pending longer than that then you may get a second notice. I know people who have got the second FP without any DUI etc.
Hope this helps.
Hi Samds,
Do not worry you will be OK. I remember someone had posted a thread long back. He was arrested for DUI and his case was transferred to SJC. Other person had some legal case against him and his case also was transferred to SJC. He was asked the general stuff and he was given approval. Just make sure you do not have ticket as well as any further case on you. Take your lawyer with you, if your case is transferred. Before that try to resolve in court as much as possible.
I am sure you will be fine. INS is not that bad. They let go first time for everything. I know someone, who had defaulted many companies and has runaway with lots of money from many people (including mine). There are 2-3 cases against him, and he still got his GC last month.
You will be fine.
Do not worry you will be OK. I remember someone had posted a thread long back. He was arrested for DUI and his case was transferred to SJC. Other person had some legal case against him and his case also was transferred to SJC. He was asked the general stuff and he was given approval. Just make sure you do not have ticket as well as any further case on you. Take your lawyer with you, if your case is transferred. Before that try to resolve in court as much as possible.
I am sure you will be fine. INS is not that bad. They let go first time for everything. I know someone, who had defaulted many companies and has runaway with lots of money from many people (including mine). There are 2-3 cases against him, and he still got his GC last month.
You will be fine.
dui - samds
Thanks for your response samds - what I found interesting in your case is the fact that the incident (DUI) occured after the filing of I-485 and first FP - did you inform BCIS about the incident - did the lawyers that you spoke to advice you too.
What was their advice?
Thanks.
Thanks for your response samds - what I found interesting in your case is the fact that the incident (DUI) occured after the filing of I-485 and first FP - did you inform BCIS about the incident - did the lawyers that you spoke to advice you too.
What was their advice?
Thanks.