Dui

[maximus_ca]

Hello,
I am wondering if i can get any kind of help or advises. I was in DUI 2 days before (criminal misdemeanor with .08 BAC), was arrested and they got FP's in jail . Below are my issues.

01)I have applied for I-140 2 months before, would there be any problem ?
02) I have applied for H1-extension (6 years to be completed) 1 month before, would my H1 extension be a problem ?
03) If i want to get a visa revalidation in USA, would they do it here or any issues ?
04) Any problems for the dependent visas ?
05) How about I-485, i am still waiting to apply for 485, should i fill in that i was arrested.
06) Should i inform my current employer ?
07) What should i ask the lawyer ie should i contest and try for reducing the punishment or should i plead guilty.
08) Any tips dealing with the lawyers.

I am really in big trouble, please anybody help me with any information or any contacts. I live in southern california.

Thanks.

 

[saigc]

I am wondering if i can get any kind of help or advises. I was in DUI 2 days before (criminal misdemeanor with .08 BAC), was arrested and they got FP's in jail . Below are my issues.
DUI is a misdemeanor offense. it depends on the state how it reats the DUI offense - whether a criminal offense or not.
01)I have applied for I-140 2 months before, would there be any problem ? as its already applied there should not be any problem.
02) I have applied for H1-extension (6 years to be completed) 1 month before, would my H1 extension be a problem ? same as (1)
03) If i want to get a visa revalidation in USA, would they do it here or any issues ?
04) Any problems for the dependent visas ? generally NO
05) How about I-485, i am still waiting to apply for 485, should i fill in that i was arrested. YES. provide a copy of the police records
06) Should i inform my current employer ? depends on the employment agreement. if your employer expects you to inform if you were arrested at any time during your employment then YES. This also applies to your CLIENT if you a consultant
07) What should i ask the lawyer ie should i contest and try for reducing the punishment or should i plead guilty. there is no point in contesting this offense. it may increase your risk. consult with your lawyer and plead guilty. most state just punish by fine and probation period for the first offense.
08) Any tips dealing with the lawyers.

I am really in big trouble, please anybody help me with any information or any contacts. I live in southern california.
mere arrest will not jeoprodize your green card. if you are arrested for any offense and if you were punished to serve jail for more than one year then you have a big risk. but you have not provided much details about what happened in police station or what you are expected to do. i presume you are not at big risk. but never hide it. you should disclose this when filing i-485 or during adjustment of status interview

 

[Jim Mills]

Originally posted by saigc
I am wondering if i can get any kind of help or advises. I was in DUI 2 days before (criminal misdemeanor with .08 BAC), was arrested and they got FP's in jail . Below are my issues.
DUI is a misdemeanor offense. it depends on the state how it reats the DUI offense - whether a criminal offense or not.
01)I have applied for I-140 2 months before, would there be any problem ? as its already applied there should not be any problem.
02) I have applied for H1-extension (6 years to be completed) 1 month before, would my H1 extension be a problem ? same as (1)
03) If i want to get a visa revalidation in USA, would they do it here or any issues ?
04) Any problems for the dependent visas ? generally NO
05) How about I-485, i am still waiting to apply for 485, should i fill in that i was arrested. YES. provide a copy of the police records
06) Should i inform my current employer ? depends on the employment agreement. if your employer expects you to inform if you were arrested at any time during your employment then YES. This also applies to your CLIENT if you a consultant
07) What should i ask the lawyer ie should i contest and try for reducing the punishment or should i plead guilty. there is no point in contesting this offense. it may increase your risk. consult with your lawyer and plead guilty. most state just punish by fine and probation period for the first offense.
08) Any tips dealing with the lawyers.

I am really in big trouble, please anybody help me with any information or any contacts. I live in southern california.
mere arrest will not jeoprodize your green card. if you are arrested for any offense and if you were punished to serve jail for more than one year then you have a big risk. but you have not provided much details about what happened in police station or what you are expected to do. i presume you are not at big risk. but never hide it. you should disclose this when filing i-485 or during adjustment of status interview

SAIC is correct on most counts but I disagree that you should just plead guilty. Your BAC was borderline and you may have options. The answers to your questions vary greatly according to state law and the particular plea. Most criminal attorneys have no idea of the immigration consequences of a conviction or plea and just sort of tell you that it is your problem to figure out. In 2001, the United States Supreme Court stated, in INS v. St. Cyr, 533 U.S. 289, 322-323 n. 48 & n. 50, that "competent defense counsel" would advise an immigrant client of the immigration implications of a guilty plea. Nonetheless, many criminal defense attorneys are unaware of the St. Cyr decision and still fail to inform their clients.

Make certain that you understand the consequences of any course of action that you undertake.

BE CAREFUL!