dafortycal
Registered Users (C)
You need to read the fine print, if you break your part of the bargain, does that allow the State to issue a warrant for your arrest, or reinstate the charge. If I were you, pay the $750 and be done with it.
DUI Folks ..Log your concerns here
- Thread starter duidude
- Start date
dafortycal
Registered Users (C)
What court? Certainly you're not talking about the 9th. curcuit in California.
According to the 2009 CMIT guide issued to ICE Agents, it is a CIMT if you apply the Arizona law.
According to the 2009 CMIT guide issued to ICE Agents, it is a CIMT if you apply the Arizona law.
dafortycal
Registered Users (C)
4. Driving While Intoxicated (SPLIT)
a) Aggravated (CIMT)
Aggravated DWI was held to be a CIMT under an Arizona statute where the individual drives while his license is suspended, cancelled or revoked, or when he has been previously convicted of DWI. Note: The BIA indicated that simple DWI would not likely be a CIMT. In Re Lopez-Meza, Id. 3423 (BIA Dec. 21, 1999).
b) Simple DWI (not a CIMT)
The BIA indicated in In Re Lopez-Meza that simple DWI would not likely be a CIMT. In Re Lopez-Meza, Id. 3423 (BIA Dec. 21, 1999). See also, Matter of Torres-Varela, 23 I. & N. Dec. 78 (BIA 2001). (DUI with two or more prior DUI convictions is not a CIMT).
a) Aggravated (CIMT)
Aggravated DWI was held to be a CIMT under an Arizona statute where the individual drives while his license is suspended, cancelled or revoked, or when he has been previously convicted of DWI. Note: The BIA indicated that simple DWI would not likely be a CIMT. In Re Lopez-Meza, Id. 3423 (BIA Dec. 21, 1999).
b) Simple DWI (not a CIMT)
The BIA indicated in In Re Lopez-Meza that simple DWI would not likely be a CIMT. In Re Lopez-Meza, Id. 3423 (BIA Dec. 21, 1999). See also, Matter of Torres-Varela, 23 I. & N. Dec. 78 (BIA 2001). (DUI with two or more prior DUI convictions is not a CIMT).
dafortycal
I have a question for you DUI is a DUI. How does it matter whether I have license to drive or not. DUI is Crime but your saying is not CIMT. Then I get mad with the officer and He gives a Disorderly Conduct another non-CIMT. Under what logic getting them together becomes a CIMT I don't understand. If you are an EX Ins officer then I don't know they keep people like you without rationality and judgment. If that is the case then this country is no better than Somalia. No government no rules no rationality.
I have a question for you DUI is a DUI. How does it matter whether I have license to drive or not. DUI is Crime but your saying is not CIMT. Then I get mad with the officer and He gives a Disorderly Conduct another non-CIMT. Under what logic getting them together becomes a CIMT I don't understand. If you are an EX Ins officer then I don't know they keep people like you without rationality and judgment. If that is the case then this country is no better than Somalia. No government no rules no rationality.
dafortycal
Registered Users (C)
Disorderly conduct can be a CIMT, it just involves a little more on the officer to get the IJ to consider it. But I never said anything about two non-CIMT equalling a CIMT. I was speaking about combination of DUI & DUS. Disorderly conduct has nothing to do with it, but since you asked..
"Disorderly Conduct (SPLIT)
Disorderly conduct generally is not a CIMT where evil intent is
not necessarily involved. See Matter of S?, 5 I. & N. Dec. 576 (BIA 1953), Matter of P?, 2 I. & N. Dec. 117 (BIA 1944), and Matter of Mueller, 11 I. & N. Dec. 268 BIA 1965)."
So, if a officer can show evil intent, then it can be considered by the immigration court.
DUI is a crime, it is not a CIMT, unless you were found to be driving after you knew you were not allowed to drive. The license isn't the important part, being ordered by the State not to drive and driving anyways is.
Think of that as violating a court order, the court told you not to drive and you did it anyway. Violation of a Protection order (deportable crime) will get you deported to, you were told to leave someone alone and you violated a court order.
BTW... I wrote my fair share of NTA's, Adm. Removals and etc., I did my job and I did it well. If you don't like the system, then pack your bag and go the F home.
Come to think of it, I had a hand in sending 10,000+ aliens home over the years. That was a blast...
II. DETERMINING WHETHER A CRIME INVOLVES MORAL TURPITUDE
As a general rule, a crime involves "moral turpitude" if it is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude is generally defined as acts or omissions that are so far contrary to the moral laws, so base or vile as to be contrary to the accepted and customary rule of right and duty between people. Jordan v. DeGeorge, 341 U.S. 223, 71 S.Ct. 703 (1951). Neither the seriousness of the offense or the severity of the sentence imposed is determinative of whether a crime involves moral turpitude. It is rather a question of the offender's evil intent or corruption of the mind. Matter of Khourn, 21 I. & N. Dec. 1042 (BIA 1997). Conviction for distribution of cocaine is a conviction for CIMT where knowledge or intent is an element of the offense and evil intent exists. Matter of Serna, 20 I. & N. Dec. 579 (BIA 1992). A crime involving moral turpitude is an act which is per se morally reprehensible and intrinsically wrong or malum in se. Id. A conspiracy to commit an offense involves moral turpitude when the underlying substantive offense is a CIMT. Matter of Bader, 17 I. & N. Dec. 525 (BIA 1980); see also Pichardo v. INS, 104 F.3d 756 (5th Cir. 1997).
"Disorderly Conduct (SPLIT)
Disorderly conduct generally is not a CIMT where evil intent is
not necessarily involved. See Matter of S?, 5 I. & N. Dec. 576 (BIA 1953), Matter of P?, 2 I. & N. Dec. 117 (BIA 1944), and Matter of Mueller, 11 I. & N. Dec. 268 BIA 1965)."
So, if a officer can show evil intent, then it can be considered by the immigration court.
DUI is a crime, it is not a CIMT, unless you were found to be driving after you knew you were not allowed to drive. The license isn't the important part, being ordered by the State not to drive and driving anyways is.
Think of that as violating a court order, the court told you not to drive and you did it anyway. Violation of a Protection order (deportable crime) will get you deported to, you were told to leave someone alone and you violated a court order.
BTW... I wrote my fair share of NTA's, Adm. Removals and etc., I did my job and I did it well. If you don't like the system, then pack your bag and go the F home.
Come to think of it, I had a hand in sending 10,000+ aliens home over the years. That was a blast...II. DETERMINING WHETHER A CRIME INVOLVES MORAL TURPITUDE
As a general rule, a crime involves "moral turpitude" if it is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude is generally defined as acts or omissions that are so far contrary to the moral laws, so base or vile as to be contrary to the accepted and customary rule of right and duty between people. Jordan v. DeGeorge, 341 U.S. 223, 71 S.Ct. 703 (1951). Neither the seriousness of the offense or the severity of the sentence imposed is determinative of whether a crime involves moral turpitude. It is rather a question of the offender's evil intent or corruption of the mind. Matter of Khourn, 21 I. & N. Dec. 1042 (BIA 1997). Conviction for distribution of cocaine is a conviction for CIMT where knowledge or intent is an element of the offense and evil intent exists. Matter of Serna, 20 I. & N. Dec. 579 (BIA 1992). A crime involving moral turpitude is an act which is per se morally reprehensible and intrinsically wrong or malum in se. Id. A conspiracy to commit an offense involves moral turpitude when the underlying substantive offense is a CIMT. Matter of Bader, 17 I. & N. Dec. 525 (BIA 1980); see also Pichardo v. INS, 104 F.3d 756 (5th Cir. 1997).
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Called for AOS Interview. Need help.
Hi,
I had DUI in 2004 and I completed all the items the court had asked me to
- Paid the Fine.
- Attended and completed the Education Program.
- Attended and completed the Community service program.
- completed the three year court probation without any incident.
Now I have been called for an interview for my I 485 AOS application. With respect to the documentation I have the receipt for the fine and the Education program completion certificate but I do not have any documentation for completing the Community Service program [I asked the police station at the time, they said they dont give out any such document]
My Question: when you completed the community service program are you supposed to recieve any sort of completion certificate, I did not recieve any so I am not sure how I can prove that I infact did complete the community service.
The incident occured in CA / bay area does any one know has been through a similar sitauation. Can I get some sort of a letter from the police station saying that there is no outstanding obligation from my end.. so that indirectly proves that I completed every thing that was needed from my end.
Please respond, your help and suggessions are highly appreciated.
Hi,
I had DUI in 2004 and I completed all the items the court had asked me to
- Paid the Fine.
- Attended and completed the Education Program.
- Attended and completed the Community service program.
- completed the three year court probation without any incident.
Now I have been called for an interview for my I 485 AOS application. With respect to the documentation I have the receipt for the fine and the Education program completion certificate but I do not have any documentation for completing the Community Service program [I asked the police station at the time, they said they dont give out any such document]
My Question: when you completed the community service program are you supposed to recieve any sort of completion certificate, I did not recieve any so I am not sure how I can prove that I infact did complete the community service.
The incident occured in CA / bay area does any one know has been through a similar sitauation. Can I get some sort of a letter from the police station saying that there is no outstanding obligation from my end.. so that indirectly proves that I completed every thing that was needed from my end.
Please respond, your help and suggessions are highly appreciated.
dafortycal
Registered Users (C)
DWI is not a traffic violation, it is a criminal violation. A traffic violation is forgetting to use your turn signals, or following too close.
Triple Citizen
Registered Users (C)
Experts please advice:
a guy was married, got a temporal green card... left his wife (he is not a nice person)... his green card expired... two days ago got arrested on DUI charges... now in prison....
some of his friends made a help page for him (collecting money for a immigration and criminal lawyer)
Correct me if I'm wrong but isnt in his situation no immigration/criminal lawyer can actually help him, since he screwed up his immigration status by leaving his wife before getting a 10 year green card? or is there a chance for him???
a guy was married, got a temporal green card... left his wife (he is not a nice person)... his green card expired... two days ago got arrested on DUI charges... now in prison....
some of his friends made a help page for him (collecting money for a immigration and criminal lawyer)
Correct me if I'm wrong but isnt in his situation no immigration/criminal lawyer can actually help him, since he screwed up his immigration status by leaving his wife before getting a 10 year green card? or is there a chance for him???
dafortycal
Here is what my DUI lawyer stated..
A DWI in New Jersey is not a felony. The judge, not a jury, decides
the case. Unlike other states, New Jersey does not use the terms felony and
misdemeanor. A DWI is a motor vehicle charge and is considered a
quasi-ciminal charge. It will go in the motor vehicle records database, which is a separate database.
Question- If this does not appear on the criminal database..does the INS inquire about the motor vehicle database to check the history? Even if they do- the question asked was "excluding traffic violation".
sriramchavali22
New Member
Hi,
I am planning a visit to India in October 2009 (visa valid until oct 2010). It would be really helpful if anyone could share their DUI and POE experience with me.
In one of my recent posts, a couple of members at the forum mentioned that there wouldn't be any issues at POE . Could someone please share their experience as I'm concerned with the travel.
As I was fingerprinted during the arrest.I was wondering if that(DUI)could make me inadmissible at the POE.
Here is my story-
I got my first DUI in March 2009 in CA with BAC 0.18 and court has ordered me to pay fine 0f 1800 dollars(which i am paying 75 dollars a month)and complete First offender program and 5 days of weekend work which i already completed. I have H1B visa valid until Oct 2010.
I am planning to visit India this Nov 2009. I am wondering if there will be any issue at POE. (As my visa is not yet expired)
Thanks
RChavali
I am planning a visit to India in October 2009 (visa valid until oct 2010). It would be really helpful if anyone could share their DUI and POE experience with me.
In one of my recent posts, a couple of members at the forum mentioned that there wouldn't be any issues at POE . Could someone please share their experience as I'm concerned with the travel.
As I was fingerprinted during the arrest.I was wondering if that(DUI)could make me inadmissible at the POE.
Here is my story-
I got my first DUI in March 2009 in CA with BAC 0.18 and court has ordered me to pay fine 0f 1800 dollars(which i am paying 75 dollars a month)and complete First offender program and 5 days of weekend work which i already completed. I have H1B visa valid until Oct 2010.
I am planning to visit India this Nov 2009. I am wondering if there will be any issue at POE. (As my visa is not yet expired)
Thanks
RChavali
sriramchavali22,
I came back last sunday from India to EWR and did not have any problems at POE.My current H1B is valid untill nov 2009. But again I was not fingerprinted while I was arrested like many other NJ guys in this forum. I would suggest you to carry court disposition letter. That should be good enough.
I came back last sunday from India to EWR and did not have any problems at POE.My current H1B is valid untill nov 2009. But again I was not fingerprinted while I was arrested like many other NJ guys in this forum. I would suggest you to carry court disposition letter. That should be good enough.
canada tourist visa
hi..
i have a DUI in NJ that happened last july...I am planning to apply for canada visitor visa and heard that it is impossible to get a their visa if u have a DUI on ur record.. I have paid the fines and IDRC etc..have the court desposition letter as well...should i apply for their visa or not?
Thanks
hi..
i have a DUI in NJ that happened last july...I am planning to apply for canada visitor visa and heard that it is impossible to get a their visa if u have a DUI on ur record.. I have paid the fines and IDRC etc..have the court desposition letter as well...should i apply for their visa or not?
Thanks
Unlucky141077
New Member
Open Container in NH - Is this a DUI?
Hi..
I got "Open Container" ticket in NH. I have been asked to appear in court. Did a little google and found that, it would cost me $150 fine and I may get a suspended license for 60 days. Since this is my first ever violation (I have not have any traffic ticket in my 6 yrs driving history), I am hoping to get only the fine. But who knows.
Is this a DUI case? What would be its impact on my entry to USA on H1 or L1. What kind of questions I may get in different forms, where I may have to mention my story.
Please help
Hi..
I got "Open Container" ticket in NH. I have been asked to appear in court. Did a little google and found that, it would cost me $150 fine and I may get a suspended license for 60 days. Since this is my first ever violation (I have not have any traffic ticket in my 6 yrs driving history), I am hoping to get only the fine. But who knows.
Is this a DUI case? What would be its impact on my entry to USA on H1 or L1. What kind of questions I may get in different forms, where I may have to mention my story.
Please help
What is an Open Container ticket ? DUI is getting caught driving while drunk in simple english
Open container is when you get caught with an open bottle of alcohol in the car. You need to go and see what happens in court. Since this is just a ticket and did not result in an arrest you should most likely be ok.
You may consult an immigration attorney to see what consequences this may have on your immigration matters.
You may consult an immigration attorney to see what consequences this may have on your immigration matters.
GC - with DUI
I am making this post for the benefit of all the people who have a DUI and have applied for AOS.
- I had a simple DUI in 2004 and applied for AOS in 2007.
- Had case transferred to NBC in 2008 july
- got interview notice in May 2009
- Attended interview and no issues at the interview, IO did not ask any thing major except the circumstances of the incident and court certified documents.
- After the interview the IO requested for FBI back ground check again. (mine was already cleared in July 2008)
- Back ground check took 3 months.
- Received approval and physical card in Nov 2009.
General Advice: Do not worry if you have a simple first offense DUI, make sure you complete all the sentence the judge issues and collect court certified documents.
Just make sure you dont drink and drive again.
- Good Luck
I am making this post for the benefit of all the people who have a DUI and have applied for AOS.
- I had a simple DUI in 2004 and applied for AOS in 2007.
- Had case transferred to NBC in 2008 july
- got interview notice in May 2009
- Attended interview and no issues at the interview, IO did not ask any thing major except the circumstances of the incident and court certified documents.
- After the interview the IO requested for FBI back ground check again. (mine was already cleared in July 2008)
- Back ground check took 3 months.
- Received approval and physical card in Nov 2009.
General Advice: Do not worry if you have a simple first offense DUI, make sure you complete all the sentence the judge issues and collect court certified documents.
Just make sure you dont drink and drive again.
- Good Luck
boy.rock11
New Member
need help..
hi guys.. I'm the new fish in DUI case...
Life is going soo sweet with fun and joy until i got my DUI 3 days ago... cop arrested me for BAC of 0.11 in CA and they gave me a DUI misdemanor.
I'm planning to go to India on Feb and go for visa stamping as my H1B was expired on oct2009. I'm in deep trouble now whether to fight my case hiring an attorney as it may take 4months to 8 months, and then if I fail all my clasess and finishing the case stuff goes for other 4 months..If i plead guilty worst case is that i had to pay fines and 3 yrs of probation and also had to take the clasess. But this may take for 3-4 monhts and ofcourse the informal probation will be for 3 years.
What do you guys suggest, Is there any good reason for me to fight and if i fight how long it may take on average had any one had the same experience like me before... ? or just plead guilty and get all the certified court documents, fine receipts and go to India with all these documents..
Any suggestions please...
Thank you for all the guys who are posting their valuable experiences, This is really useful thread... pls keep this thread keep going....
hi guys.. I'm the new fish in DUI case...
Life is going soo sweet with fun and joy until i got my DUI 3 days ago... cop arrested me for BAC of 0.11 in CA and they gave me a DUI misdemanor.
I'm planning to go to India on Feb and go for visa stamping as my H1B was expired on oct2009. I'm in deep trouble now whether to fight my case hiring an attorney as it may take 4months to 8 months, and then if I fail all my clasess and finishing the case stuff goes for other 4 months..If i plead guilty worst case is that i had to pay fines and 3 yrs of probation and also had to take the clasess. But this may take for 3-4 monhts and ofcourse the informal probation will be for 3 years.
What do you guys suggest, Is there any good reason for me to fight and if i fight how long it may take on average had any one had the same experience like me before... ? or just plead guilty and get all the certified court documents, fine receipts and go to India with all these documents..
Any suggestions please...
Thank you for all the guys who are posting their valuable experiences, This is really useful thread... pls keep this thread keep going....
DUI, 3 Plus years
I am looking for some advice. Here is my case:
1) DUI in December 2006, case closed.
2) Got H1B Stamped successfully in February 2008 at New Delhi. Went through physician evaluation etc.
Now it has been more than 3 years and I want to go to India and get my H1B stamped again. Will I have to go through the physician evaluation again?
Has anyone had a similar case.
I am looking for some advice. Here is my case:
1) DUI in December 2006, case closed.
2) Got H1B Stamped successfully in February 2008 at New Delhi. Went through physician evaluation etc.
Now it has been more than 3 years and I want to go to India and get my H1B stamped again. Will I have to go through the physician evaluation again?
Has anyone had a similar case.