DUI effects on GC approval?

[DaveMo73]

ou90d02, and all

Looks like I am following what you have gone through.
I received a DWAI in Jan 2005 in colorado. Penalties were no jail time, fine $500, AA, comm services, and from 6 to 18 month probation. The max sentence was 6 month in prison.

Now my 8th year H1B extension was filed in this month, and awaiting for the decision.
My 7th extension went through fine

After following your msgs, I may have to go back to my country to get the visa.

Here are the questions:
Have you gone back to your country, receiveved a visa, and came back?
Did it affect any of your GC process, having to go back to your country to get a visa?
Do I have to expect the same for my extension? You are the first case I've seen H1-B ext denial?
Were you able to continue working for your employer?

Thanks in advance.

Sorry about asking for help instead of giving you info.


Is there anyone who can give me information?

 

[eddie_d]

FBI deals with Federal Crimes. DUI is a state law violation. I am not sure if USCIS does a state check. Does it?

Homicide can be a violation of state law. You think the FBI will overlook it? Most federal laws have state versions as well. DWI may or may not not be severe enough to be searched for, but not because it is a "state" crime.

 

[kevinglenn]

Homicide can be a violation of state law. You think the FBI will overlook it? Most federal laws have state versions as well. DWI may or may not not be severe enough to be searched for, but not because it is a "state" crime.

If a crime is committed that is a violation of local, state, and federal laws, does the FBI "take over" the investigation?
No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or usurp their investigations. However, through cooperation, the investigative resources of the FBI and state and local agencies often are pooled in a common effort to investigate and solve the cases. In fact, many task forces composed of FBI Special Agents and state and local officers have been formed to locate fugitives and to address serious, recurring crime such as terrorism and street violence.


What are the primary investigative functions of the FBI?
The FBI's mandate, the broadest of all federal investigative agencies, authorizes it to investigate all federal criminal violations that have not been specifically assigned by Congress to another federal agency. The FBI's investigative functions fall into the categories of applicant matters; civil rights; counterterrorism; foreign counterintelligence; organized crime/drugs; violent crimes and major offenders; and financial crime.

http://www.fbi.gov/aboutus/faqs/faqsone.htm

The purpose of the FBI namecheck is to determine if u've been the subject of or part of an FBI investigation not to determine when where and under what circumstances u got a ticket for running a stop sign.

The catch is, on the application u're required to disclose truthfully under penalty of perjury any arrests etc. Lying on ur application could have dire consequences.

Now to attempt to answer the original question...the laws of the state in which the offence was committed takes precedence in DUI cases(Not limited to,I cite DUI for the purpose of this piece). If a state considers a DUI a felony...so does USCIS....and the phrase "crimes of moral turpitude" is ambiguous and subject to interpretation.

 

[eddie_d]

Who investigates what isn't the point, what are you even bringing this up for? Completely irrelevant to the discussion of an FBI name check.

If one commits a crime, is prosecuted/convicted at the state level, the FBI can very well search, find and document that prosecution/conviction during its name check. For example, if someone is arrested by local police, found guilty of oh I dunno let's say 2nd degree murder murder by a state court, serves his sentence in a state correctional facility and the whole time never deals with a federal agent, do you really think the FBI will not care about it because it wasn't a federal offence when doing a name check?

If a crime is committed that is a violation of local, state, and federal laws, does the FBI "take over" the investigation?
No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or usurp their investigations. However, through cooperation, the investigative resources of the FBI and state and local agencies often are pooled in a common effort to investigate and solve the cases. In fact, many task forces composed of FBI Special Agents and state and local officers have been formed to locate fugitives and to address serious, recurring crime such as terrorism and street violence.


What are the primary investigative functions of the FBI?
The FBI's mandate, the broadest of all federal investigative agencies, authorizes it to investigate all federal criminal violations that have not been specifically assigned by Congress to another federal agency. The FBI's investigative functions fall into the categories of applicant matters; civil rights; counterterrorism; foreign counterintelligence; organized crime/drugs; violent crimes and major offenders; and financial crime.

http://www.fbi.gov/aboutus/faqs/faqsone.htm

The purpose of the FBI namecheck is to determine if u've been the subject of or part of an FBI investigation not to determine when where and under what circumstances u got a ticket for running a stop sign.

The catch is, on the application u're required to disclose truthfully under penalty of perjury any arrests etc. Lying on ur application could have dire consequences.

Now to attempt to answer the original question...the laws of the state in which the offence was committed takes precedence in DUI cases. If a state considers a DUI a felony...so does USCIS....and the phrase "crimes of moral turpitude" is ambiguous and subject to interpretation.

 

[GreenCardVirus]

Kevin, Eddie,

You both seem to be essentially talking the same thing. FBI is just a reporting agency to USCIS as far as immigration issues are concerned. FBI does not decide whether a person is deportable or not, USCIS or an Immigration judge does.

FBI will report back whatever arrest/criminal record it finds back to USCIS.
While FBI relies primarily on Finger Prints to report back a criminal record, a Name Check might be completely different. A definitive Name Check hit after the process is complete will mean that FBI will have to start investigating or arrest the person in matters related to terrorism. If FBI reports a Name Check hit to USCIS, USCIS should either deny or hold the application.

Does USCIS use wording of state laws to deny immigration benifits? This is where CMT comes into play. DUI is a Felony in TX, in NJ, one get a DUI only at .10 BAC where as most other states it is .08.

 

[kevinglenn]

Who investigates what isn't the point, what are you even bringing this up for? Completely irrelevant to the discussion of an FBI name check.

If one commits a crime, is prosecuted/convicted at the state level, the FBI can very well search, find and document that prosecution/conviction during its name check. For example, if someone is arrested by local police, found guilty of oh I dunno let's say 2nd degree murder murder by a state court, serves his sentence in a state correctional facility and the whole time never deals with a federal agent, do you really think the FBI will not care about it because it wasn't a federal offence when doing a name check?

Speaking of relevance what has 2nd degree murder got to do with the original question of DUI affecting his application? FYI murder is most likely a crime of moral turpitude...

U seem to be confusing the name check with fingerprint check. A "hit" on a name check at worse means the person was the "main file" or "reference" in an FBI investigation.

Whereas a fingerprint check documents criminal background including arrests etc within the United States and responses to such requests take 24-48 Hours. Should there be a hit the FBI generates and forwards a RAP sheet.

Endeavor to differentiate between the two processes...

Noone ever got stuck in a fingerprint check...

Focusing on the question of how they'll find out if u don't tell 'em...it'd appear in a fingerprint check...not the FBI namecheck as some august contributors would have u believe

It's best to tell 'em and provide court certified dispositions.

 

[kevinglenn]

Kevin, Eddie,

FBI will report back whatever arrest/criminal record it finds back to USCIS.
While FBI relies primarily on Finger Prints to report back a criminal record, a Name Check might be completely different. A definitive Name Check hit after the process is complete will mean that FBI will have to start investigating or arrest the person in matters related to terrorism. If FBI reports a Name Check hit to USCIS, USCIS should either deny or hold the application.

Gracias!

 

[ou90d02]

Kevin, Eddie,

You both seem to be essentially talking the same thing. FBI is just a reporting agency to USCIS as far as immigration issues are concerned. FBI does not decide whether a person is deportable or not, USCIS or an Immigration judge does.

FBI will report back whatever arrest/criminal record it finds back to USCIS.
While FBI relies primarily on Finger Prints to report back a criminal record, a Name Check might be completely different. A definitive Name Check hit after the process is complete will mean that FBI will have to start investigating or arrest the person in matters related to terrorism. If FBI reports a Name Check hit to USCIS, USCIS should either deny or hold the application.

Does USCIS use wording of state laws to deny immigration benifits? This is where CMT comes into play. DUI is a Felony in TX, in NJ, one get a DUI only at .10 BAC where as most other states it is .08.

No its not a felony in texas. Dude please give reasons as to why its a felony. I have dwi in texas and mine is class b misdermeanour.

FBI will have all records local and federal. Does not matter what kind of crime.