DUI Folks ..Log your concerns here

vini_k,

Thank you for wishing me luck.

I cant chat on a yahoo messanger from my work place. and I dont know which timezone you are in. Hence chat may be an issue. Also all the documents needed are posted in this thread. You should collect those. If you have a specific question you can ask on this forum or send me a PM. I will respond. I prefer to respond on the forum as whatever we discuss can be useful to others and at the same time, people can correct us if they have more information.

Also, you case(unfortunately) looked very troubling to me. USCIS considers suspended sentence as a sentence(they always take the worst case scenario) and atleast you will have trouble because of it adjusting during the probation time. I dont know wethwe you can appeal any further to change your sentence. For USCIS, awarded sentence should not be more than 6 months. You need to consult an attorney who knows immigration and criminal laws. I cant understand why a judge would give you 365 days sentence even if suspended, for a first time DUI. However I would suggest you not to lose hope and keep on accumulating money.

anirchaks71,
Thank you. I will post my interview experience word by word here. I hope I can succeed and raise the hopes of all in this forum. We know we made a mistake and we have learned our lession and hope we dont get punished for it till the end of time.
 
Dont worry

vini_k said:
folks,

i got 365 days jail time with 364 days suspended. i did the 2 day work crew program instead of the 1 day in jail. also was given 1 year unsupervised probation which ended in april 2007....should i worry about deportation since the max sentence was 1 yr jail time?

vk
Click to expand...

Dont worry about deportation. Thats very unlikely.
 
"Second DUI and you are done and over with. Even after GC, a second offense means you will be deprted. Risk remains till you become a citizen."

can you show me some proof that 2nd dui is a deportable offense?a few members in this forum have said that....but according to the late chief justice william rehnquist...dui/dwi is not a deportable offense....

DUI crash no reason to be deported
Ruling a victory for legal immigrants
David G. Savage, Los Angeles Times

Wednesday, November 10, 2004


(11-10) 04:00 PDT Washington -- The Supreme Court on Tuesday spared millions of legal immigrants from the threat of being deported if they are involved in a drunken driving accident.

In a unanimous opinion written by ailing Chief Justice William Rehnquist, the court disagreed with the Bush administration and ruled that a drunken driving accident is not a "crime of violence," even if the accident results in injuries.

The decision limits the impact of tough immigration reform passed in 1996. According to that law, immigrants -- including those who have lived legally in the United States for many years -- shall be deported if they commit a serious crime, including any "crime of violence."

Tuesday's ruling does not change the practice in California, where the Ninth U.S. Circuit Court of Appeals in San Francisco has refused to deport immigrants for drunken driving injury accidents. Nationally, it marked an important victory for immigrants rights, the American Civil Liberties Union said.

"This underscores the critical role of the courts in reviewing these deportation orders," said Lucas Guttentag, director of the ACLU Immigrants' Rights Project. "The Supreme Court repudiated a position that began in the Clinton administration and continued in the Bush administration, and one that has caused an unknown number of persons to be deported."

In most states, drunken driving that results in death or injury is a serious crime that can send a motorist to jail for a year or more. The question for the Supreme Court was whether the motorist also could be deported after leaving jail.

The 1996 law defined a crime of violence as the "use of physical force against another"; Justice Department lawyers argued that accidents were included in that definition.

But Rehnquist and his colleagues said that in the normal use of language, the phrase "use of force" implies an intent. "Thus, a person would 'use ... physical force against' another when pushing him; however, we would not ordinarily say a person 'uses ... physical force against' another by stumbling and falling into him," the chief justice wrote.

The ruling came in the case of a Haitian immigrant who had lived in south Florida for nearly 20 years. In January 2000, Josue Leocal drove through a red light and struck another car. Two people were injured, and Leocal later pleaded guilty to drunken driving. He was sentenced to more than two years in prison.

While he was behind bars, the Immigration and Naturalization Service moved to deport him. The U.S. 11th Circuit Court of Appeals in Atlanta agreed with the government, and Leocal was sent back to Haiti two years ago.

In 2002, the Department of Homeland Security reported that the United States had 11.4 million immigrants who were legal permanent residents. By some estimates, the nation has 20 million legal immigrants if all those who are here on short-term visas are counted.

Immigrants rights groups estimate that hundreds of noncitizens may have been deported for drunken driving offenses since 1996. In 1998, during Operation Last Call in Texas, immigration agents rounded up hundreds of noncitizens with drunken driving convictions, including some cases that were many years old.

Michael J. Ciatti, an attorney for the law firm that represented Leocal, said that it was unusual for the court to rule on a deportation issue after the person in question already had been deported. "We hope this will ultimately lead to returning (Leocal) to the United States," Ciatti said..

The case is Leocal vs. Ashcroft, No. 03-583.

The Washington Post contributed to this report.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/11/10/MNGOI9OVOT1.DTL

This article appeared on page A - 7 of the San Francisco Chronicle

San Francisco Chronicle Sections DatebookCommentaryFoodSportsNewsBay AreaHome&GardenBusiness
© 2004 Hearst Communications Inc. | Privacy Policy | Feedback | RSS Feeds | FAQ | Site Index | Contact
 
NM DUI 1st offence, got plea agreement done and was charged with careless driving,nee

Hello everyone,

how you all doing. I have a few questions regarding H1-B stamping that I need to get done in due course of time...in OCT,07. I have plans of going back to India for my brothers wedding, and hence need to get stamped in oct.

Here is my story.I was arrested for DUI 1 st in march last year, hired a dui defence lawer and then he got me a plea agreement, where i pled no contest and states that i am not guilty of DUI 1st but guilty of Careless driving. No social work , no probation, no licence suspension, Paid a mere fine. Case closed. I was working on an internship when all this had heppened. Went back to school for graduation, got a job soon after, and then graduated in dec last year. Now, I have been working for like ard 6 months. my H1-B starts from oct, and i need to get stamping done. I was planning on going to Mexico for the stamping sometime in the first week of oct, and have a few questions reg that.

I have seen people mentioning the following things a lot in these posts:

1) Dont lie....i was not planning on..i will be saying yes to that dreaded question in DS 156 ETC..
2) Take all the supporting documents etc....i have the entire file with me..so ll be taking them along...

My question is that, has someone gone to mexico or any other country other than india for the stamping, as i was planning on getting the stamping done in mexico and then go to india somewhere in oct end...is it safe to do so...or does anyone have any sugestions? OR is it a safer bet to go to india and get this done?..i just want some experiences from anyone if they might have a similiar situation....please help guys, as i need to start planning accordingly..

thanks in advence...ciao..
 
Hi Madeonemistake,

I am getting really worried now. Do you know ehere it is written that more than 6 months sentencing is a problem. I was not aware of this or i could have maybe asked for a lesser sentence at the time.

Thanks,
VK
 
please adivce....

Hi all!

I've read all this thread and has been really very helpful, but my situation is a little different from most of who have posted here. So here it is...

Got arrested for DUI, hired a lawyer to fight the case, and I have a court date set for Sept. 10th. I am in my final step for the greencard process and I finally got an interview but it is set for July 23rd, which happens before my case hearing.

So basically, I've been arrested but not convicted yet. So I am worried about the arrest question because I am planning to answer YES to that, but I won't have any court documents of any disposition because it hasn't happened yet. So what are my chances?

Is there any type of document I can get from the court saying that my case is pending, and will this be a problem at the time of the interview? (my interview is mexico btw).

I have also considered trying to reschedule the interview but I'm not sure this is a valid reason for rescheduling.

Please anybody, what are my options? Any help will be greatly appreciated.

Thanks in advance


OptimusPrime
 
certified copies of court doc's

hey folks,

i was arrested for DUI 1st offence.in New Mexico..did the usual lawer stuff...my lawer got a plea agreement for careless driving..i collected all my cour doc's...but did not realize that they were not certified..i have read here that its better to have certified copies..could anyone tell me how to get certified copies of court documents, now that i have moved to the East and working...planning on going to India for visa stamping in october...please someone direct me as to how to get these certified copies..as I was at peace all this time thinking that i had everything with me tat was required..do i ask my lawer to get them for me or call the court? which is faster...plese respond..someone...

sosbuddha..
 
I got first offense dui recently (2007). my sentence is 3 years under court probation, i paid my fine . my question is i want to apply now for political asylum Green card. am i still eligible while i am under probation or do i have to wait some years. Any suggestion
 
travel abroad

i was charged with a dui. two counts of fourth degree crime were given to me due to the fact that two passenger in the vehicule i hit were taken into an ambulance for further check out. They did not look injured but decided to accept to be taken to the hospital.
My question was: what would happen if I was to book a ticket before my first court date and travel abroad? Would I be arrested at the airport?
 
please help needed...

hello everyone,

I have posted twice already but have not been responded to yet..please is there anyone here on this forum who is planning on making a trip to India shortly, in the next few months, for h1-b stamping. Please let me know..atleast i can ask them for help, as I am planning on going sometime in october..

Please guys, help required urgently..

please

sosbuddha
 
No options but to get em

sosbuddha said:
hello everyone,

I have posted twice already but have not been responded to yet..please is there anyone here on this forum who is planning on making a trip to India shortly, in the next few months, for h1-b stamping. Please let me know..atleast i can ask them for help, as I am planning on going sometime in october..

Please guys, help required urgently..

please

sosbuddha
Click to expand...

You have to talk to the court. I dont know whether they can mail it to you.. that they only can tell.. They ofcourse demand extra money for certification.. IN CA almost $25 extra for certification stamp. You can either visit the office personally.. it doesnt take time. They see your ID, get money,... print it out and stamp and hand it over.. all done in 5 minutes.. Now whether your attorney can get it and mail it or you personally show up at the court, is upto you to coordinate..

However if you are getting docs.. get them all..
1) Certified copies of charges filed(DA's case)
2)Certified court disposition..
3)Police report.. court may not have it. DA's office keep it only for an year or 2 from the court case .. after that they shred it. You will have to talk to police station to get this doc if DA's office does not have it..

4)Court reporter's document which record the conversation between judge and the party(You or your attorney) .. its optional.. Nobody may ask for it. Some people on these forums have suggested it. For this you will have to contact court reporter's office in advance so that they keep it ready.. its not something that they give you right then and there at a moment's notice.. atleast that happened with me..

All courts have websites these days.. You must call them.

My advice.. take a day off, fly and kill the deal in one shot on a working day when court is opened. Reach the court in morning.. After that give copies to all and keep the originals always with you.
 
finally, i get help

hey man,

thanks for taking the time and all for sending a reply..well i did get that issue sorted out..it was done in 3 days and i did not have to move an inch..i calld my lawer nad then he sent his secretary to get my the doc's and then she posted them the same day..i went to a municipal court, so maybe it must not be really busy...anywyas, i got the
1) court disposition certificate,
2) plea agreement certificate
3) receipt of my punishments( i just had to pay some fines)

i called dmv myself and spoke to the dwi department, and asked them to send me my csertified copies aswell of my dmv hearing....they did that..so now i have taken care of all the certificate stuff...

i saw in some other form that its better to take a letter from a lawer or something like that, stating that its not a inadmissible offence..is this true? and is it worth taking one...any commetns

thanks
 
Hi MadeOneMistake,

All the best for your AOS interview and let us know what happened. I reckon, you had mentioned middle of July and so was curious !!!
 
AOS interview Completed. Interview passed but no visa numbers, hence no approval yet.

Friends,

Just came back from the AOS interview that lasted just under 10 minutes. Officer said that he will approve the applications as soon as visa numbers are available come October. As of now there are no visa numbers as far as he knows. Those who want to read just the summary can scroll down and just read the summary.. rest ..Keep on reading.

Here is the complete experience -

We(Me and my wife and kid) reached the Local Office at San Jose half an hour before the scheduled time. We had a suitcase full of docs(size of airline hand luggage) and our marriage photo album with us. Went in 15 minutes prior to the interview with our Attorney. Were surprised to see that office was almost entirely empty. We and another couple just went in. Attorney briefed us again on what to expect and offered advice that be careful and brief to provide only the information that is asked for. Not more and no less and tell the truth. We put in interview letters in the box under the window. Were called in by a smiling officer right at the time.

Officer, who was a very nice and professional gentleman around 45-50yrs of age, greeted us and asked us to sit. Our attorney presented the G-28 forms. After that attorney did not speak a word for the rest of the interview. He didn’t need to.

Officer put us under oath. And interview began.

First officer asked for our DLs/passports. He looked at the DL and asked whether it’s our current address on it. We said No; current address is at the interview letter. He asked when we moved to the new address, I replied and told him the time. He then flipped through our passports. Took our I-94s out and attached it to a forms (one each for me and my spouse- our photos were attached to the form) in front of him. It was a form where he wrote down our addresses from the interview letter. Then he asked us to sign in a box on that form. Took the index FPs on it. Repeated the exercise on the back of the form and for my spouse.

The he asked for Birth Certificates. I gave them all three, for me, my wife and my son who is a US citizen. He asked for a copy of my son's Birth Certificate and I was happy to give it. He kept the copy and put in the file. He returned our originals. He had copies for my spouse and me already. He verified that we have no other children.

Then He asked whether I still work for my company (He took the name). I said yes. He asked for EVL(Employment Verification letter) and salary slips. Given to him. He kept the letter and retuned the salary slips. The he asked for copy of 2006 Tax returns. I gave him our copy of W2s and tax returns. He kept it.

Then he said he is going to ask us some questions.. He asked whether we did support any terrorist orgs or sold drugs, we obviously said NO. Then he asked whether I was arrested/cited.... at any other time other than mentioned on the application(Obviously he was aware), I said No. My wife said no too. That’s it. He didnt ask about any court docs for my DUI.. We anyway submitted everything at the time of filling I-485 so probably he didn’t think it is need. No other word regarding the incident.

Then he said that he will approve our applications but can’t do it now since no visa numbers are available. Gave us a letter indicating the same reason. This letter has our A#s, correct priority dates(unlike the interview letter),and category as E37/39 and our county of chargeability . He said,” I will keep the file and will send you letters of approval in October or as and when visa numbers are available. You don’t have to come again. Your cards will be produced the old fashioned way and it may take another month after that. “

After that, we got up and thanked the officer and came out. All in all, a nice and pleasant experience though a bit sad because we couldn’t sign the deal though.

My bad, I didn’t show him the latest visa bulletin, which made July current again. I didn’t know whether it would help. Something inside didn’t want to bother him. Anyway my PD is in early 2002, hence I believe it wouldn’t retrogress so far back in Oct, but you never know. We got up, said thank you. He gave a candy to my son for being nice to Daddy and Mommy.. Surprisingly my son was busy with his cars and did run around and stormed the rest of the rooms there.

That’s it. Letter we got says that we mail a copy to Local office if visa bulletin declares our dates are current. Inquires can be done either by infopass or letters to local office not before 3 months from the date of interview.

Though this post is long.. The whole experience lasted less than 10 minutes.

SUMMARY -
1) Asked for DLs/Passports/Birth Certificates. Kept a copy of my son's(USC) BC as we didn’t submit it when we filed I-485. Took EVLs, saw salary slips and took a copy of 2006 tax returns and W2.(Actually he didn’t ask for W2s, but I have all of them attached.)
2) Took our I-94s. Took index FPs and signatures for my spouse and me. Didnt ask for EADs/APs/H1s/H4s and didnt take even our latest APs and EADs..
3) Verified that no other incident happened other than the DUI mentioned on I-485 application. Didn’t even ask for any documentation. We supplied everything at the time of filing I-485, hence he had it.
4) Asked a couple of standard Qs from I-485 application whose answers were NO.. Stuff like whether you ever supported terrorist orgs or sold drugs..
5) Could not approve for lack of visa bulletin. He said would keep our file with him and approve it in October when visa numbers are there.
6) Gave us a letter that indicates that he couldn’t approve AOS because visa numbers aren’t there as per state department's visa bulletin. This letter has lot of other reasons like pending background checks/FBI Name check pend/Additional review required.. He didn’t check or mention anything else other than visa number no available related checkbox..

Hope this post helps you guys and I wish you all the best.
 
Congrats MadeOneMistake !!!!! Thanks for sharing the detailed story. So, there's hope for the rest of us. Awesome news.
 
interesting

boomkap said:
http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html

Folks start posting your experiences at the consulate when you apply for a visa with a DWI. This is new stuff that we all need to understand the impacts of.
Click to expand...

this is an interesting memo from Rice. I wonder if they are also following the same procedure for who are already in US and applying for visa extension or change of status. Is there anyone else whose visa extension or change of status has affected due to DUI? I know in the case of AOS, there's no escape, as you'll be asked to submit I-693 (medical examination) as well as submit court records; at that point your case will get forwarded to local office for an interview by IO; which some people have apparently cleared.
 
You must log in or register to reply here.
Top