DUI Folks ..Log your concerns here

please some body answer our questions?

Even though we have to face the inevitable fate, which nobody can help with, be Postive or Negative.
Atleast, It will be really helpful if we have some idea about how or what to do and then we can leave it to the almighty.

Thankyou
 
update on experience

Hey everyone,

I have read the postings and understand that everyone is worried about the following:

1. DUI affect the Visa status? Renewal?
2. DUI coviction port of entry?
3. What to do?

Guys i got pulled over and booked for DUI in 2000. This is what i did:

1. Got a lawyer, who was proficient in DUI. Informed him of my immigration status, at the time i was a college student on I-20.
2. Went to court said not guilty
3. Went to court and negotiated the charge down to negligent driving in the 1st, which was a charge with a maximum of 90 days and a fine of USD 300+. Although its a Gross Misdemeanor, it is important to remember that all charges with sentences below 365 days shouldn't impact your immigration status. Any offense with charges above, could be a cause to get tossed out.
4. Attended all the required classes and obtained completion certificates.
5. When travelling abroad and renewing visas: Always tell the truth, and fill yes on every form wherever required. I would suggest typing up a letter explaining what happened and the resons behind it and what you have learnt since then.
6.Port of entry: no questions asked. Everything was fine.

My best suggestion is read as much as you can to find out the laws in your state. Get the best immigration lawyer you can find with the background on DUI.

Hope that helps, just remember "Next time take a taxi". Good Luck to you all.

jajabanks
 
DUI Please help..

I'll keep it short and simple!
I live in NJ. First offense of DUI BAC limit .09%
I-485 filed before DUI. Got letter for finger printing. will it affect my case?? Please respond.

Slight Twist ;) . got pulled over on Sun for DUI. Met immigration lawyer on Mon (next day) Lawyer changed the application date for Fri :D . So technically, is there any connection? Am I'm on safe guard?? coz acco. to application date, i made it look like i was clear till Fri, but got pulled on Sun. Will it affect anways?? Please Advice.. Urgent.. please.. fingerprinting next week. need to knwo. Thanks.

Please respond!!
 
Hello guys. Something really bad happened to me last week. I got a DUI. I was arrested and convinced with DUI offense for having 0.09 alcohol level. I spent 4 hours in jail or custody and released after my hubby picked me up. My drivers licence was taken for a week. My court date was set for January. I never had any offense or felony before. Also I didn't have an accident, nobody was injured. I have heard horrible stories from my friends saying I will get deported for my DUI. One friend told me he knew one lady that got deported for her DUI although she was married to US Citizen for 7 months. I am really scarred. Can you tell me please what is the situation? Can I get deported?I was never sentenced to jail. I just spent few hours on the police station until all paperwork was done and they took my pictures and fingerprinting. My papers say I was arrested for DUI offense, not felony. I am still awaiting the court date. I live in Virginia and currently am out of status with pending i-130 and pending marriage based AOS (my husband is US citizen).

_________________
 
goodgirl1505 said:
Hello guys. Something really bad happened to me last week. I got a DUI. I was arrested and convinced with DUI offense for having 0.09 alcohol level. I spent 4 hours in jail or custody and released after my hubby picked me up. My drivers licence was taken for a week. My court date was set for January. I never had any offense or felony before. Also I didn't have an accident, nobody was injured. I have heard horrible stories from my friends saying I will get deported for my DUI. One friend told me he knew one lady that got deported for her DUI although she was married to US Citizen for 7 months. I am really scarred. Can you tell me please what is the situation? Can I get deported?I was never sentenced to jail. I just spent few hours on the police station until all paperwork was done and they took my pictures and fingerprinting. My papers say I was arrested for DUI offense, not felony. I am still awaiting the court date. I live in Virginia and currently am out of status with pending i-130 and pending marriage based AOS (my husband is US citizen).

________________
Click to expand...

Please dont stress out. DUI is not a deportable offense.

Please do a search on this forum for DUI and you will be able to find lot of info. When they process your adjustment of status, you will be called for an interview. Have everything ready for the interview. And do everything (paying fine, probation, community service, drivers education, etc.) that the judge asks you to do and keep records of all paperwork. If you are going out of the country, keep copies of your case records and how it was resolved.
 
The_PoizonIvy said:
Hi all,

I had DUI few months ago ,
But still not convicted yet. Hired a Lawyer.
Booked an appointment in mexico for my H1B in for december.
What should I answer for the question, Have you ever been arrested.....?
If there is no way that I can answer NO, then what should I do..?

Please help me.

Thankyou.
Click to expand...

Poizonivy:

U have to tell the truth and answer yes (sorry but thats how it is). I answered NO but that as because I didnt know that DUI is considered as an arrest. I hought tha since I was arrestd but released without going to jail, I dont have to answer YES. But this was before Sep 11. Now things are different. I will answer YES if I fill DS-156 again. But now I have advance parole. So I wont apply for visa renewal.

-Santosh
 
RaGs80 said:
I'll keep it short and simple!
I live in NJ. First offense of DUI BAC limit .09%
I-485 filed before DUI. Got letter for finger printing. will it affect my case?? Please respond.

Slight Twist ;) . got pulled over on Sun for DUI. Met immigration lawyer on Mon (next day) Lawyer changed the application date for Fri :D . So technically, is there any connection? Am I'm on safe guard?? coz acco. to application date, i made it look like i was clear till Fri, but got pulled on Sun. Will it affect anways?? Please Advice.. Urgent.. please.. fingerprinting next week. need to knwo. Thanks.

Please respond!!
Click to expand...

Well.....even if you do mention on you application that you have been arrested, I dont think it would be a problem in getting a green card. They will call you for an interview bfore they issue th gC. And if you answer NO, they will find out anyway when they check your fingerprints/namecheck.

santosh
 
H1 visa .... return to India ...

Hi everyone ... after a New yr eve party I got arrested for DUI (only speeding - no accident, no personal or property damage), after a trip downtown and the paperwork and fingerprinting and photograph I was immediately released.... hired an attorney who said, as things stand I'll get max 6 months probation .. fine c.400$ .. plus AA classes ,, NO JAIL TIME. In Nebraska - DUI 1st offense is a misdemeanour. I'm scared stiff ... my queries are as follows :
1. I'm on an F1 visa.
2. In 6-9 months I should be finishing my PhD and starting my post-doc and would be eligible for an H1 visa I believe.
Question - would I have to go back to India to get my visa?? There is no reason for me to go back since my wife and kids are with me here in the US and I did not have any plans to go back at least for 4-5 years because of the huge cost involved.
--- can I be refused my visa?
I'd really appreciate any input. Thanks.
 
Help Please

My wife was arrested for shoplifting four years back and the case was reduced to infraction.

The mistake I did was marked NO in the form ds156. Subsequently, her visa was not validated in 2003. Since then we were waiting to travel with Advance Parole . But since my labor is dragging.

I would like to know will it be ok if we try Canada for visa stamping? What are our chances for getting stamped?
Even though my lawer doesnt recommend, she is willing to prepare all the necessary document and letter for consulate

Please share your experience/thought please. Thanks!
 
I had a DWI on Nov 2005. I pleaded guilty and was sentenced for 6 months of suspended imprisonment,1 month licence revocation, 1 yr license suspension, 11 months probation and regular fines. I went for Visa stamping in Delhi on Jan 2006. I had answered "Yes" to the question in DS-156. My visa stamping went on smoothly. The consulate officer asked me few questions, the questions she asked were not related to DWI. I got my visa on the same day.
 
Heh, finally my DUI case is over (California). I got plea: no-contest, no restitution, weekend works, fines, alcohol classes, 90 days restricted license and 3 years informal probation. So shit hit the fan for me. I have GC and I am worry about my future possible application for naturalization. So I figure out that I need to wait untill my probation is over. At this point I have a question: the 3-years probation starts from the day of conviction or from the day of violation (I have about 6 month gap between to these dates)? Did anyone obtain naturalization after DUI recently? Please share any info regarding similar situation. Thank you
 
Worrieed really worried. 8th year H1b recentlly was approved, but extension was deneid. My wifes h4 was denied as well. The reason on my wifes H4 denial notice, H1b has a criminal record which makes him inadmissible in US. I only have Texas DWI, which is class B mistermeaner. I am now been asked to goto Pakistan to get a visa stamp.

My i140 is pending. What if I am not issued a visa, can I still continue my green card procesign here or do I need to do something elase. Any experience in DWI stamping In Pakistan here. From all the posts I should not worry too much, since DWI is not felony. HOwever, I am concerned that they said that I have criminal backgroound which makes me inadmissible. I am hoping its a mistake. In Pakista, this can take many months.

Any advice is appreciated.
 
Be prepared for upto 8 weeks. If you are really unlucky, be prepared for 4 months.

You are concerned about asking for just 4 weeks??? You must be kidding !!!

Damn right, getting into DUI trouble, they show you "hell". I fought my case till I won. Took 1.5 years, no sleep, 12k in direct and indirect losses.
 
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GreenCardVirus said:
Be prepared for upto 8 weeks. If you are really unlucky, be prepared for 4 months.

You are concerned about asking for just 4 weeks??? You must be kidding !!!

Damn right, getting into DUI trouble, they show you "hell". I fought my case till I won. Took 1.5 years, no sleep, 12k in direct and indirect losses.
Click to expand...


It took 2 months for me, I dont think my case was special. I guess it went for a namecheck to fbi/dos etc and took that long to get a response. Chennai, people say take their own time to process apps, may be becuz of the load. I had a reckless conviction in 2004. Yes, I took some vacation and unpaid leave and notified employer after I went there that Visa stamping is taking time.

GreencardVirus,

U stuck in Namecheck for 485 since when? When was 485 applied for? Whats ur citizenship? I need to apply to 485 when dates become current... Please share the info.

thanks and good luck to all of u.
 
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DUI and H1B extension

Hi, I had a DUI in Dec. 2004 in colorado, DWAI first offense.
Penalties were $600 fine, no jail time, 48 hours of AA, 24 hrs of comm service, and 6month of monitoring.

My 8th year H1B extension is filed in this month, Jul 2006, and awaiting for the decision. My 7th year extention, after DUI conviction, went fine.
All of a sudden, I saw a message, in the DUI and Green Card forumm who got DUI in texas, and filed for his 8th year extension, and it was denied (he had to go back to his country to get H1B because the approval was sent to his country, please read that forum if you are curious.)

I don't think there was a question, "Have you been arrested....", in the H1B extension petition.
Is there anyone who had a similar experience or knows about any change in the H1B extension policy???

Thanks in advance.
 
DaveMo73 said:
DUI and H1B extension
I don't think there was a question, "Have you been arrested....", in the H1B extension petition.
Is there anyone who had a similar experience or knows about any change in the H1B extension policy???
Click to expand...

They randomly do security checks on H1 applicants.
 
Negligent Driving in Texas

Hey guys,

I was arrested, jailed for 4 hours and fingerprinted last year in August 05 with a BAC of .12. I will get off from probation in Aug 06.

Now i want to go back to India in December and get my H1 B stamping done either in Mexico or Delhi.

The PROBLEM is I get only 10 days vacation from my job and there is no second option. I read all 8 pages here but I did not find a person with this problem. How do i work it out?

Please please help!
 
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