DUI: Crime or Traffic Violation?

H

hughito

New Member
Hi everyone!

I'm applying for my greencard and filling I-485.
Is a first DUI (no accident, one night in jail, no licence suspension, 40h community work, one year probation) considered as a crime or just a traffic violation?

I live in GA and was arrested in GA in 2004.

Hugo
 
hughito said:
Hi everyone!

I'm applying for my greencard and filling I-485.
Is a first DUI (no accident, one night in jail, no licence suspension, 40h community work, one year probation) considered as a crime or just a traffic violation?

I live in GA and was arrested in GA in 2004.

Hugo
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Traffic Voilation is classified as infraction under criminal law. Technically speaking, it is a crime too.

DUI is general a Misdemeanor. There are a couple of states where it is a felony.

As long as it is a simple DUI and not classified as a Felony in your state, for 485, there should not be any problem. But likelyhood of a 485 case getting transferred is high. Just have all the relavant documents like court disposition etc with you.
 
When applying for I-485, check box 'ever arrested...' as YES and attach all materials you have, including explanation in your words what happened and consequences, proof of fulfilling requirements. get certified court paperwork (disposition? not sure about name), keep original to show in interview, and attach a copy to I-485 file. You should be fine.
 
dui can really put you in trouble , just check the punishable sentence

I have learned one thing when it comes to usa . the more honest you are , the better it is . but kab ayega gc , how come you are not posting anything anymore , i would really appreciate if you can reply or post , or you can directly email me at dowagiac_guy@yahoo/com .
something really hit me very hard today after reading for 24 hours straight , when they say CIMT it means any cases which can lead to the imprisonment of 365 days or more is a CIMT , irrespective of anything or any charges whether misdemeanor or felony , if a misdemeanor is more than 365 days imprisonment whether you served the sentence or not or whatever it is , it is always deportable crime in the eyes of immigration . so the bottom line is , if the punishable sentence is more 365 days , you should say goodbye to america , if the punishable sentence is less than 365 days , then there is always hope and having an attorney who knows what he is doing is always helpful . But the fact is , to find a knowledgeable attorney is like finding common sense in people and specially in amarica , its an extreme rare necessecity . in short finding a good attorney is next to impossible .
well anyone on here believe whatever I am writing is right , then please send me an email or just reply .
 
You can subscribe Norton Tooby's site for a month and find cases similar to yours. I found that the 243.e1 for California does not fall under CIMT.
http://www.criminalandimmigrationlaw.com/~crimwcom/_Premium_authfail_login.php

ra6 said:
I have learned one thing when it comes to usa . the more honest you are , the better it is . but kab ayega gc , how come you are not posting anything anymore , i would really appreciate if you can reply or post , or you can directly email .....................is less than 365 days , then there is always hope and having an attorney who knows what he is doing is always helpful . But the fact is , to find a knowledgeable attorney is like finding common sense in people and specially in amarica , its an extreme rare necessecity . in short finding a good attorney is next to impossible .
well anyone on here believe whatever I am writing is right , then please send me an email or just reply .
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