DUI Folks ..Log your concerns here

Thanks

One would think that an year of probation would teach you that. I do not drink and drive. Period! In fact I hate liquor and spreading the word of not drinking and driving!

Now thechosenjuan, would you quit being a smartass and give me your insight if there is a solution to my quandary?

Thanks for your time!
 
Anybody else

Does anybody else has any advice to offer. Going through various posts over the last 3 days I think I will get a 221(g). However few points. If you have any experience with one of them, please post it:

1. I was not charged on DWI/DUI but for "Obstruction to a Roadway". My lawyer at that time said that we can get it off the records. Do you think that is going to help in some way? Any information regarding that?

2. Moving to Canada?

3. Getting married to an American Citizen?

4. Not returning back to India/home country and calling the family over here on a visitor's visa! Can I keep on extending the H1-B without any troubles?

5. Going back to school on F1 visa for MBA?

Just so that yall know, visa-waiver is not an option for Indian Citizens if you are given 221(g). So I am assuming you cant return to USA unless you get your visa stamped.

Juan, unfortunately, in my profession no matter what job I get, i am not gonna get more then 2 weeks of vacation. However I appreciate your comment.

Thanks a lot in advance!

Jasm
 
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DUI and CIMT

I have read that if you get a DUI while your license is suspended because of previous DUI, it is considered as Crime Involving Moral Turpitude.

But if your license is not suspended but you was on probation for previous DUI and u got new DUI even then it is going to get considered for CIMT.

This is just a matter of dicussion as my friend's fiancee is under same scenario.

I am specifically asking for California state where there is no aggravated DUI statue

In California, All DUI's (except for 4th DUI's and those causing great bodily harm) are simply that, DUI's. You can be *sentenced* much more harshly for a 2nd or 3rd DUI, but the elements of the crime (what the DA has to prove) don't change.

What do you guys think
 
My friend has been staying in the US illegally for a few years. He used to be a F-1 student but couldn't afford financially so end up staying here illegally.
Recently he was convicted under DUI. Does anyone know if his immigration record will be pulled during the trial process? Please kindly help. Thanks a lot~~
 
Jasm,

I am struck in Matamoros, Mexico waiting for security clearance cos of OWI in my records. It takes 4 to 6 weeks, some folks have been lucky cos their VO was lenient to let them go back to US. It is going to be a luck you got to pray on whether you go for Visa stamping in india or in Mexico..

goodluck man






jasm_reckless said:
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!
Click to expand...
 
jasm

I work as a contractor and my employer is ok with me taking vacation whenever I feel like. I am treating this one as a goverment enforced vacation. I am not sure how long this one will take, seems like a month atleast. I am trying to talk to some attorney to get a canadian visa and transfer this to canada..
 
DUI charge dropped and stamping in canada

I was charged with DUI but it was dropped to reckless driving. my background is F1-H1 and first time H1b stamping ?

1) Is is advisable to go to canda for H1b stamping ?

2) Will I be able to get canada's tourist Visa with this DUI charges but dropped ?

3)Is DUI comes under criminal arrest ? IMM5257B TRV form 12 c
"commited , been arrested or charged with criminal offense in the any country"
what should I answer here ?
 
Dui

DUI is a criminal arrest as for as I know.. so for the question, you must answer YES, in my opinion. Not sure if U can go to Canada for stamping, pls post here if you find out that U can get it stamped in Canada or in a country other than your native (citizenship) country.

Good luck.
I got a reckless from 2 yrs ago .. :-(
 
I dont know whats "Obstruction of Roadway", but I think u can keep extending the approvals by staying here, but if u travel outside, u need to get a visa stamped.. at ur home country.. Not sure, if u can go to Canada/Mexico, does anyone know? I went to India to get stamped last year, took 10 weeks, was on leave w/o pay.
 
I got a DWI in texas. Once I had paid my dues to society. I went to pick up my records, and I was surprised to find a fax in their by dapartment of justice, beint Homeland seuciryt, had requested all the documents to be sent to them. So yes, they will find out.
 
my case

i got a dui with injury back in 2005 (lacerations, no death), the charge was felony but my lawyer worked it out that i could apply for it to be reduced to a misdemeanor in april 2006, i got a 90 day sentence with fines and class

my company is renewing my h1-b right now, i assume it will go through ok, my visa stamp is expiring jan 2006 so i will need a new one the next time i travel outside the us

here are two questions
1) is there anyway to get new stamp outside my home country? i was going to hong kong but i hear they may only service their citizen (i am only there for one week)

2) im really worried about getting it denied because of my criminal record, it will say felony

thanks in advance
 
DUI with injury??

Why will it say Felony, if it got downgraded to Misdimeanor? I think u did a smart thing by fighting the case and making it as a Misdimeanor.. felony can have lot more complications.. Does anyone here got a stamp in a country other than than the Home country successfully Canada/Mexico? Pls post if you did..
 
well we made a deal with the judge to go back in april, and to reduce it to misdemeanor, im not sure how that really works, hopefully it's just a procedure and done automatically

meanwhile, i have to renew visa in january, so that is the caveat, that is before i go in front of the judge
 
Felony/MisDmnor?

Oh ok.. hmm.. I dont know how that works either. So if its gonna say Felony on the record, it may be better for you to get some kinda paperwork from your lawyer to say that your thing can be considered as a petty offense and considered to be waived for an excpetion and not make you inadmissible. I got one prepared by my lawyer even though mine was a misD. Better to be prepared the fullest possible extent.. than taking chances.. Court disposition docs (Cerrtified) is a MUST to have during the interview at the consulate. I know one guy who had come for second intvw on the same day as me, his case was some domestic violence related, but he had nothing to do with the incident. (atleast thats what he claimed with me) He went to the Police just to report the incident for which he got fingerprinted (wow, thats bad.. ) so his name got a hit and his case was not in any court, so no disposition docs he had. He was denied Visa and asked to produce more documents about that incident, by contacting the local police/authorities. But the consulate sent him back again after sending his fingerprints for clearance, so he got stranded there again.. Dont know what happened after, I hope he made it. Its tough boys.. so do your homework.


daniel1977 said:
well we made a deal with the judge to go back in april, and to reduce it to misdemeanor, im not sure how that really works, hopefully it's just a procedure and done automatically

meanwhile, i have to renew visa in january, so that is the caveat, that is before i go in front of the judge
Click to expand...
 
travelling outside USA

hello all

I just got a DUI sometime back and had a few questions regarding it. I am on F1 right now and planning a trip to UK in december 2006. One of the questions in the UK visa form is about any convictions in any of the countries? Should i answer yes or no to this question. Reading this forum suggests that one should not lie about his/her conviction while coming back to the US, but what if travelling to other countries. Are we supposed to say yes to these questions.........i mean do immigration offices at other countries check our background before granting VISA. Has anyone travelled to a different country with a DUI?.......what do we write in the conviction/arrests questions?

Please help..
 
Need for help/advice

Hello,

I was recently arrested for DUI in CA. My BAC was 0.10. I have hired a DUI lawyer to handle the case.

I am a British citizen working in the US on H1B. How will my arrest and possible conviction affect my visa status ? Am I supposed to inform the INS about this incident ? What happens regarding the H1B visa stamping ? I have a I-797 that is valid till 2009. How will this affect my Green Card processing ? I expect to get my Labor certificate by the end of this year. Does a DUI delay the green card processing ?

I'd really appreciate some help/guidance on this matter.

Thank you.
 
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