DUI Folks ..Log your concerns here

[ou90d02]

Hello Guys.

I knwo there are lots of positive feedback form people here. Please advice. I have posted in regards to my issues here..

Has anyone in the recent past, like 6 months, have been able to extends his/hers H1b visa while is US when they had DWI or any other arrest records. Service Center is to be California. The reason I ask is, I am from Texas and last year my H1 extension was denied. I filed a MTR and USICS approved it saying that the denail was in error. That was in Texas service center. No my case is in California. I am afradi they will make the same mistake. Its been now 2 months and I have not heard anything yet.

Justa refresher, here is what happpened.

. I got a DUI in TEXAS. Where Max jail time is 6 monts. However, I did not serve any jail time, The judge did say that I sentence you to 6 months in jail, but probated my sentence to 18 monts probation. Will the act make me inadmissible in US. I have recently applied for my H1 extension from Texas, but my petition is sent to California. I hear they are doing background checks even on H1 extensions. I am sure this DUI will come up. Do you think my H1 extension can be denied on that basis. How long have they been doing background checks on H1 petitions while a person is in US.



last year my h1 was extended for 8th year. However the extension was denied. The reason, they said I have a criminal record which makes me inadmissible in US. My attorney filed a MTR and sent all the court documents, and the decision was overturned and UScSI send a letter saying that the denial was in error. I assumed it was because of my DUI since that’s the only recorded I have. This was in Texas, now my case is in California. Will the California center have that information from Texas Service center, so that they know that USCIS actually admitted to a mistake and approved me so they don’t make the same mistake.

 

[ou90d02]

why is it that people after successfully getting their visa stamps /extensions never post their experirces here.

Question is in the recent past, has anyone been able to successfully get their H1 extension with an I94 attached from California with a DWI on their record. SErvice center CSC, and VSC.

Recent past being 6 monts of so, as I think they started doing backgrond check just recentlly.

 

[akpdwi]

DWI case in progress and International Travel

Hi Friends:
Any comemnts/suggestions will be great and thanks in advance.

I got arrested and charged with DWI (first time) in Dec, 2006 (in a parking lot; no accident or otehr factors). I have hired an attorney and he sais that I won't have to go to jail again since I was there for a day after the arrest. Worst is probation, fine, community service etc. Agree with my lawyer or is there any chance of getting in jail again?

I am a permanent resident since Nov, 2003. My biggest concern now is :
I need to go to India for a month (on May 4th) and am worried if I can get arrested (for any reason) while returning at immigration. Any chance? if there's any chance, I will cancel my trip. I am really scared and any comments will be helpful.

My first court date is on April 30th where the lawyer will try to reset the date after my return.

Is the penalty different for non US citizen?

Please share your experience or if you know about someone gone through same situation.

Thanks,
akpdwi

 

[akpdwi]

Are you sure one cannot travel till the case is concluded.

u cannot travel till ur case is concluded

My lawyer said, there's no issue as long as I inform them in advance. Please respond if you ahve any details as I am planning to travel in 2 weeks. Will really appreciate your support.

 

[h14life]

Hello Guys.

I knwo there are lots of positive feedback form people here. Please advice. I have posted in regards to my issues here..

Has anyone in the recent past, like 6 months, have been able to extends his/hers H1b visa while is US when they had DWI or any other arrest records. Service Center is to be California. The reason I ask is, I am from Texas and last year my H1 extension was denied. I filed a MTR and USICS approved it saying that the denail was in error. That was in Texas service center. No my case is in California. I am afradi they will make the same mistake. Its been now 2 months and I have not heard anything yet.

Justa refresher, here is what happpened.

. I got a DUI in TEXAS. Where Max jail time is 6 monts. However, I did not serve any jail time, The judge did say that I sentence you to 6 months in jail, but probated my sentence to 18 monts probation. Will the act make me inadmissible in US. I have recently applied for my H1 extension from Texas, but my petition is sent to California. I hear they are doing background checks even on H1 extensions. I am sure this DUI will come up. Do you think my H1 extension can be denied on that basis. How long have they been doing background checks on H1 petitions while a person is in US.



last year my h1 was extended for 8th year. However the extension was denied. The reason, they said I have a criminal record which makes me inadmissible in US. My attorney filed a MTR and sent all the court documents, and the decision was overturned and UScSI send a letter saying that the denial was in error. I assumed it was because of my DUI since that’s the only recorded I have. This was in Texas, now my case is in California. Will the California center have that information from Texas Service center, so that they know that USCIS actually admitted to a mistake and approved me so they don’t make the same mistake.

I filed for 7th yr ext. in July 2006 end using premium processing and got my approval in 15 days by mail despite my DUI from 2005. I am due for another H1 extension sometime before this summer (2007). Let's pray and hope for the best. I don't suspect any problems since it's only a 1st offense DUI (misdemeanor). Let me know what the outcome of your 8th year extension is.

PS: When did you get your dui? and when did you file for your h1 ext?

 

[ou90d02]

DWI was in 2000 October. I have had 3 extension since then.. The one extension which was denied, was last year. I had to file MTR. only then it was apprvoed. I have had my I140 approved sinc then too. My 9th year h1b is pending for more then 3 monts now. In fact, my receipt date is passed too. so not sure what is happening.

 

[ou90d02]

you got DWI in Juen 2005. Have you completed all your probation, fines and what ever the terms of your judgment. by the way what di yo get as far as punishment for your DWI. It take a year or so for them to realize you got a hit on your name. mine it took them 5 years to catch up on my record.

 

[h14life]

you got DWI in Juen 2005. Have you completed all your probation, fines and what ever the terms of your judgment. by the way what di yo get as far as punishment for your DWI. It take a year or so for them to realize you got a hit on your name. mine it took them 5 years to catch up on my record.

1) What is the procedure for filing MTR (Motion To Reconsider)? What evdience/paperwork, etc is required to file MTR?

2) My arrest date was June 2005; conviction was Nov 2005. Paid all my fines, did my community service (10 days), and completed DUI Class/Counselling (3 mos). California law requires 3 years of court probation which will end in Nov 2008. So I am almost half way through the probation right now.

Wondering if this DUI (1st offense - misdemeanor) will affect my H1 approval. After my arrest/conviction, I've already gotten my 7th year h1 approval in Aug 2006. Then in Feb I got my I-140 approved as well. Do you think I should shell out $1,000 to get premium processing done so that I am not stuck without a decision for a long time? I would hate to file MTR at the last minute when my 7th year H1 expires in Aug 2007.

 

[ou90d02]

Hi ther eHilife. As of yesterday, I got email from UCIS stating that my H1 is approved and my wifes h4 extension is approved. I am hoping I will get I-94 attached with them. Actually, in my case it was a mistake that they rejected it. Maybe officer who deicded my case was not aware that DWI is not a CIMT.

If in worst case scenerio, I dont see thtat happening, you case gets rejected, MTR is application I290B. You will have to provide all your court documents, police report. fines,community service and probation completion and disposition papers. Let you attorney file it. also get the statue where the crime was in in regards to DWI. So California statue would do.

Police reports from your state, and if you can get FBI background check done as well. USCIS does that on its own, but attach to the petition will help.

Having said that.. You will not have any issues, because I have done much research on this and have come to know that 1 DWI is not a CIMT, but a regulatory offense. In Texas once can be convicted of DWI by simply sitting in a car on the driver seat.

You have valid reason to be concerned, since I have gone through this. But hopefully it will not happen. In fact, I was the only case known that had his H1 extension denided for DWI. My case was published on various immigration websites.

Just relax, but be preaperd in case, cause you never know with USCIS.

Will post when I get my I-94 because only then I willconsider this to be success.

L8r

 

[h14life]

Hi ther eHilife. As of yesterday, I got email from UCIS stating that my H1 is approved and my wifes h4 extension is approved. I am hoping I will get I-94 attached with them. Actually, in my case it was a mistake that they rejected it. Maybe officer who deicded my case was not aware that DWI is not a CIMT.

If in worst case scenerio, I dont see thtat happening, you case gets rejected, MTR is application I290B. You will have to provide all your court documents, police report. fines,community service and probation completion and disposition papers. Let you attorney file it. also get the statue where the crime was in in regards to DWI. So California statue would do.

Police reports from your state, and if you can get FBI background check done as well. USCIS does that on its own, but attach to the petition will help.

Having said that.. You will not have any issues, because I have done much research on this and have come to know that 1 DWI is not a CIMT, but a regulatory offense. In Texas once can be convicted of DWI by simply sitting in a car on the driver seat.

You have valid reason to be concerned, since I have gone through this. But hopefully it will not happen. In fact, I was the only case known that had his H1 extension denided for DWI. My case was published on various immigration websites.

Just relax, but be preaperd in case, cause you never know with USCIS.

Will post when I get my I-94 because only then I willconsider this to be success.

L8r

That's good news despite all the trouble and uncertainty period you had to battle out. Yes, I agree I need to be concerned too; but I am glad that they are not rejecting those with DUI cases as it's not a crime with CMT. Plus it's a first offense misdeameanor. What's the process for getting FBI background check done? Do I have to contact the FBI directly or go through some agency? Is it a good idea to get that done now or at the time I file an MTR? Thanks for your help and keeping us updated w/ your case.

PS: How long did it take from the time you filed your extension till you heard about the rejection? Also how long did it take once your filed MTR till you heard about your approval?

 

[milindis]

DWI/ h1b stamping

Hi Folks,
My case finally got over yesterday. The Judge ordered a 3 months suspension on my license and 12Hrs of IDRC. No probation and no jail time. Now my question is, can i travel to India and get my h1b stamped before my license is restored? or I will have to wait for another 3 months, get my license back and then go to India? Also my lawyer said, I can do my 12 hrs of IDRC whenever I want to comeplete it. Should I complete those too before I go to India?
PLease advice. Also does anyone know a good immigration lawyer in NJ, so that I can have a face to face talk with him about this issue?

Thanks,
Milindis

 

[tarzan16]

HI,
I recently got arrested for a DUI and my court date is on 6th june 07 but my concern is that I have applied for I-485 AOS marriage based in sep 06 and will be getting an interview pretty soon coz I was checking the processing dates and it is current for my case. So I'm scared that would they find about it and cancel my interview or even if they call me will there be any problem with DUI? I have read quiet a lot of threads mentioning that they went to india to get their passport stamped for H-1 or had to mention their arrests in form DS-156 and attach all the court papers but my case is that I haev already applied fore my green card since sep last year and its almost time for my interview and I got this DUI, so my case is not even decided yet but I'm sure I will be convicted coz my BAC was .23, but I will not have any court papers when I get my interview to atleast tell them that I have paid all the fines and done the community service and all the punishments. What should I do????? I'm very scared and don't see any hope . If there is anybody outhere who has or had been in a similar situation please help me out. Plz Plz Plz.

 

[tarzan16]

Plz Help,
O.K. So I will have to take an oath and I'll definitely not lie about my arrest but my question is, since I just got that DUI and my court date is next month what if I get my interview before my court date? Then I will not have doccument to present to USCIS regarding the court case. I mean its one thing that you got a DUI in the past and then you paid all the fines and took all the penalties and then you can show it to them that I'm clear now but in my case I dont have anything to show them right now so basicaly what I want to ask is since all my I-485 paperwork and fingerprinting was done last year before this DUI happened, will there be any problem at this interview? And does being spouse of an US citizen matters?? And just in case if my green card interview does not come till the next month and I go to my court date first and I take whatever penalties I have to, I'll still be in the middle of my sentence doing my community service and probation, will that affect my case or does it not matter. By the way I would just mention that this is my first offence of any kind and I had a clean record till date and I'm a medical professional, still not liscenced to practice here though, but will be taking my tests pretty soon, if that could proove to the uscis that I'm not a criminal, just a mistake happened which I'll never commit again. Plz reply anyone who has the answers to my dilema, Stressed out.........

 

[h14life]

Plz Help,
O.K. So I will have to take an oath and I'll definitely not lie about my arrest but my question is, since I just got that DUI and my court date is next month what if I get my interview before my court date? Then I will not have doccument to present to USCIS regarding the court case. I mean its one thing that you got a DUI in the past and then you paid all the fines and took all the penalties and then you can show it to them that I'm clear now but in my case I dont have anything to show them right now so basicaly what I want to ask is since all my I-485 paperwork and fingerprinting was done last year before this DUI happened, will there be any problem at this interview? And does being spouse of an US citizen matters?? And just in case if my green card interview does not come till the next month and I go to my court date first and I take whatever penalties I have to, I'll still be in the middle of my sentence doing my community service and probation, will that affect my case or does it not matter. By the way I would just mention that this is my first offence of any kind and I had a clean record till date and I'm a medical professional, still not liscenced to practice here though, but will be taking my tests pretty soon, if that could proove to the uscis that I'm not a criminal, just a mistake happened which I'll never commit again. Plz reply anyone who has the answers to my dilema, Stressed out.........

Tarzan...
Here's my take on it...

1) Your BAC is .23 which is pretty high. not sure which state you are in, but in california they have increased the punishment for first offense DUI if your BAC is over .16 or .20 (not sure the exact limit).

2) Now in regards to your interview, yes you will get an interview and there's a good chance that when they run your record through the NCS you will get flagged. But not to worry, mistakes happen. I am not a legal professional, but bottom line is that you have to be honest about yourself. Answer exactly what you are asked. No need to panic. My advise, hire a good lawyer and take him/her to the interview.

3) Regardless of how you are getting your green card (marriage based or whatever), the decision is strictly on the discretion of the authorities (USCIS Officer, FBI, Police Dept). I've heard from people that even if you get rejected you can appeal your case.

4) When the time comes, face the reality (pay your dues, rely on people for rides or take taxi, do your community service, etc). We all make mistakes, just have to move on.

To reiterate: be honest and don't panic..and hire a good lawyer to help you through the interview process.

 

[mum2007]

Hi Folks,
My case finally got over yesterday. The Judge ordered a 3 months suspension on my license and 12Hrs of IDRC. No probation and no jail time. Now my question is, can i travel to India and get my h1b stamped before my license is restored? or I will have to wait for another 3 months, get my license back and then go to India? Also my lawyer said, I can do my 12 hrs of IDRC whenever I want to comeplete it. Should I complete those too before I go to India?
PLease advice. Also does anyone know a good immigration lawyer in NJ, so that I can have a face to face talk with him about this issue?

Thanks,
Milindis

It is safest to complete all legal formalities before travelling. Carry all related court documents etc. BUT DONOT submit anything with your DS 156 and DS157 forms. Just answer correctly and show the necessary documents ONLY IF ASKED FOR. Most often they do not ask for anything.
An immigration lawyer will tell you probably the same stuff.

 

[ou90d02]

Just so you all are aware. I have posted that my H1 was approved. But its been almost a month and I have not received any approved papaers from USCIS. My attorney is looking to see why the delay. Ihave read on other forums that they are too experiencing delays in getting h1 approval papers.

 

[L83]

DUI last year

I was charged last year for DUI, I hit someones car, no one was hurted, and I also didnt have a drivers license, so i was arrested and after paying $40 they let me go with a friend of mine, so I went to court and I plead guilty and paid a fine of $1200, and they told me I couldn't drive for one year. I just got married, my husband is a citizen and I'm gonna apply for a green card, can you guys tell me what doc should I bring with me? Is there a possibillity that I am gonna get deported??? I am very nervous....

 

[h14life]

h1 approval

Just so you all are aware. I have posted that my H1 was approved. But its been almost a month and I have not received any approved papaers from USCIS. My attorney is looking to see why the delay. Ihave read on other forums that they are too experiencing delays in getting h1 approval papers.

Congrats! when did you file your H1 extension? and when did you get to find out about the approval?

 

[MadeOneMistake]

My USCIS experience after a DUI till date

Hi All,
Since there are plenty of experiences shared here. I thought I would add mine and may be help some guys breathe easy and log my concerns as well at the same time -

Came to US on H1B at the dawn of year 2000.Switched jobs in mid - 2001.

Drank and drove(and thats my One mistake you could figure out) and had a DUI in July 2001. Just joined my current company at that time and my H-1B transfer for current company was completed just before the DUI hit me or I hit hit the DUI, whichever way you take it..

Got through the ordeal. Paid $1200 as fine.. Completed 3 month DUI course(forgot its name).. couple of days of community serivice which is equivalent to jail time.. 3 years informal court probation.. probation time ended in Sep 2004.

Travelled to India in 2001 Nov.. Had the stamp on the passport for a previous H1B.. didnt even try the new stamp for the risks.. Came back safely.. no questions asked.. Showed new h1B at airport.. got I-94 as per the transferred H1B to the current company.. Visa stamp dies a natural death in mid 2002.

2004 - Filed for H1B extn till 2006.. approved.. no issues..

2005 - Company filed I-140(LC-Sub) in Jan 2005.. approved in May 2005.. I485 filed in CSC in last week of May.. Ofcourse checked Yes for arrest.. Provided an explaination.. Sent court disposition record and letter from police(went to ask for police report.. they just gave a letter saying. I was arrested on so and so date in this city.. thats it) to Attorney.. Not sure Attorney sent these two docs to USCIS.. However Attorney got a signed letter that stated.. I was arrested on so and so date.. completed all sentences.. paid fines.. it was first DUI.. no other brush with law ever before or after at all etc.. That was the explaination attached with I-485(I guess otherwise why would attorney want it..)..

Got first EAD/APs in a month(year 2005) for self and spouse.. got FP done in october 2005..

Come 2006.. filed for H1B extn for 1 year as 6 years were already done.. got it pretty quick.. Travelled to India on AP after 4 years as never wanted to take risk of waiting for 2 months in India for H1B stamping..

Got second EAD/AP.. (2006 June) approved.. no issues..

2007 - Attorney sent for H1B extn again.. this time got it extended till 2010.. no issues.. Travelled to India on AP again.. no quetions asked anywhere..

2007 - AOS Case(like everyone else) moves to NSC in Feb - Case recieved there in March.. Filed for AP/EAD at NSC in April first week after coming back from India.. little late as only 2 months were left prior to expiry date hit..

2007(May 21st) - NSC(Nebraska Serice Ctr) moves my I-485 to National Benefit Center(called MSC), Lee's Summit, MO.. Interview in my case expected hence case is moving along predicable lines.. this MSC is the place where I-485 flight stopover is - before application catches another flight to local District offices.. obviously pre-screening takes place.. application needs to take shoes off and all.. pass through another scanner..

Unfortunately 3rd EAD/APs are with the folks at NSC.. and I dont know whether they will approve these orphan applications or forward it somewhere.. poor EADs/APs have to sleep without Dady I-485 with the farmers.. this time we needed them a bit urgently as they were filed late and wife wanted to start working again as soon as EAD comes.. got a job already.. but then why do we have Murphy's laws..

Story continues.... Refer to signature for KPIs..

Conclusion from my experience and other's on the thread:
1) H1B extns/transfers - no issues with first time DUIs..
2) H1B stamping - takes time.. Embassy with fingure print you and make you wait till they get the report and then will give you visa. Obviously with a note that.. there was a hit but that doesnt make you a monster.
3) EADs/APs no issues.. Travelling with APs no issues..

Have to add AOS related conclusions. However you will get an interview.. almost 100% sure..

 

[sb2007]

Speeding and DS-156

Hi,
I know this thread is for DUI but please, please if you could help me out on a similar situation, I would be very grateful - it is urgent for me.

I got a speeding ticket in California in May 2005. I was NOT arrested. The officer just pulled me over, I later went and paid the fine in the court and took traffic school [California gives the option of taking traffic school for first offense. If you complete the traffic school course, they dont report your ticket to auto insurance companies.]

I have been on H1B past 3 years (including 2005 when I got the ticket). I am now going to India for F-1 stamping since I am going to school this fall. Here is my question:

Do I have to mark YES or NO to the "Have you ever been arrested or convicted of any offense of crime" Q.38 in form DS-156.

Thanks much!