DUI in Georgia

R

rkumar11

New Member
Hi,

I recently got a DUI in georgia (Dec,2005). I am fighting the case in court. My trial starts next week. If the trial goes against me, can I go for my H1 stamping. I never had any criminal record and in th epast five years 2 tickets including this one.

Can anyone provide me any information regarding this in GA.

Thanks a lot.
 
What you have to be careful about is the fact that if you are ever conviceted of a felony charge, you will be taken into custody and deported. If the charge is a misdemeanor then also you have to be very careful. DUI is a crime of moral turpitude and if the maximum possible sentence in your case is 1 year or more, even though the judge justs fines you let you go, still you will be considered deportable. So your goal is first to try your best to get the charges dismissed. If that is not possible, then try to plead to a lesser charge where the maximum possible penalty is less than a year in jail. Once again, it does not matter whether you are sent to jail or not, all that matters for a crime to be a deportable crime is if the maximum possible sentence is 1 year or more. You may also want to consult an immigration attorney before you go for this trial. You should take this case very seriously.
 
MGM said:
..DUI is a crime of moral turpitude..
Click to expand...

Actually it is not.
Do you have any legal defenition that DUI first offence is CIMT?
If you cannot provide such info - whatever you said is BS.
 
Heh NO. This is not a deportable offense. Please do your research and dont give advice that is not correct. I have a DWI from 2000. INS and FBI both know about it. I have been out of the country 2wice since the DWI. Sure they asked me about it when I cam back in US, but thats it. They might call you in the back room to make sure there is nothing else but that is the extent of it. DWI does not become a deportable offense unless some bodily injury was done. By it slef, you would need 3.

As far as getting the visa stamp. Well I have not tried that. I have heard that it could take up to 3 weeks to get the security clearance.
 
So Did you ever go and got your H1B stamp. IF so, where did you go. Can you please share your experience.

Thanks!
 
Got DUI Misdemeanor - need H1B stamped in passport

Hi everyone, this forum has been hugely informative, but I still need answers to some questions.

I got a DUI misdemeanor in July 2005, BAC of .10. Pled not guilty, got convicted, served 3 days in jail, paid fines, did the Alcohol classes, license revoked for 3 months.

I have to go to India sometime this year to stamp my H1 in my passport.

1) Do I have to go to India, or can I go to Mexico? I read on a lot of posts that I can't go to Canada because of the DUI - please confirm. Does it make a difference if I am of NRI (non-resident Indian) status?
2) Does anyone have any information about how to go about setting up an appointment in the Delhi Consultate (or is it embassy)?
3) How long does it take between going to the appointment and getting the stamp? I'm not sure if my company will give me a month off work.
4) What do I need to do in the US before going there? What papers do I need? What do I need to be aware of? Where can I find more info?
5) Does it affect my chances of applying for Green Card or Citizenship later?

Any and all experiences shared are most welcome - this is a nasty situation to be in.

Thanks!
 
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