Dui

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maximus_ca

Registered Users (C)
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.
 
You will probably not face a problem during I-140 and H1.

But, you will have to disclose this incident fully when you file 485. Disclosure is unlikely to cause any issue, not disclosing could cause hovoc.

Immediately hire an attorney to get you through the legal process (re: DUI). Your attorney will advice you on whether or not plead guilty.

Talk to your immigration lawyer and let her know the details of the incident.

DO NOT HIDE THIS INCIDENT WHEN YOU FILE 485.

I don't think that you need to inform your employer (depends on your contract with the company, read the HR manual).

People make mistakes. Don't kill yourself on this. Deal with it and move on.
 
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goodsaint - a friend is in a similar situation - his DUI charge was dismissed - the difference is that he had filed his i-485 before his dui - he had already had his first FP done without any problem

any thoughts?

thanks.
 
He appears to be free and clear. In worst case (if he has to submit to second FP due to processing delays) his case will be transfered to local office. Which would mean little bit more delay. But, other than that he is fine.

I believe misdemeanors are not grounds for exclusion or deportation.
 
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Thanks everybody for your initial thoughts. I am planning to contest the case because my BAC was .08 and the lawyer says we should try for contesting, else try for plea bargain. However, would the arrest be a problem for my h1 extension, visa revalidation and dependent visa ??. Do any of you know any indian lawyer who has dealt with DUI/ DWI, if so please give me the contact info. Would there be any problem for my current employment, if i mention about the DUI the lawyers ??

Thanks in Advance.
 
Advice...

Atleast, now onwards sit at your home and DRINK... DONOT drink and drive.. If this happens again you are totally screwed...


Sorry to know that you have to do the FP once more :D
 
maximus_ca
You need to talk to your immigration lawyer and also get advice from an excellent criminal attorney. They need to work together to make a decision for you. I have seen in this forum people getting approval with DUI , so it should not be a problem.
When you apply for H-1, you will have no problem but for visa revalidation you have to disclose that you have been arrested because it will ask you in the form.
From this point you have to be very careful about answering questions in any immigration forms.
You should read your HR policy manual regarding arrest and DUI.
In 90% of the case your employment is safe.
DONOT LIE ABOUT IT. All the databasea at the airports are very well connected these days and they will find it within minutes if you lie about your arrest. As long as you honest and open about your arrest then you should be fine. Although donot volunteer info unless you are asked.
As a first offense(assuming it's your first) the judge will be not too hard on you. Your lawyer should be able to workout a good deal for you. It will cost you money but do not be cheap regarding these types matters, so make a budget and hire the best defense that you can afford.
In my personal opinion you will be fine but do not touch alcohol for at least 1 year.Take care
 
hello gchopeful,

in your previuos message you said that we will have to disclose about arrests when we apply for H1 revalidation..can you please tell me where exactly(form name or place). I have a similare problem. i got arrested for domestic disturbance 2 years ago. now i have to apply for H1 extension(7th year). please reply ASAP.
 
gcpain1

sorry for the confusion what I meant was your H-1 visa stamping revalidation. For your 7th year extension, i don't think you have to answer the question unless they have changed it recently.
I don't think you have anything to worry but check with your immigration lawyer

As far as I remember in your application for visa form 156 or something like that for stamping your H-1you have to answer bunch of questions and one of the question is about that.
search on immigration sites and you will be able to find a copy of that form. Check immihelp .com.
 
Hi Gc hopeful.

I did not find the form you are talking about. However here is my situtation. I have already filed for I-485...have my EAD and AP.actually applied for renewal of EAD and AP again. Did my fingerprinting last year.now i am about to file for H1 extension 7th year. 2 years ago i was arguing with my husband and was arrested for domestic disturabance ...i was fingerprinted and phototgraphed then went before a judge and was released right away as there were no charges filed. however all this happened after filing for I-485. I never told anybody about this..not even my lawyer. now for filing for my H1 extension the lawyer sent a questioner which they use to complete the INS forms...if INS forms do not have that question do I have to talk to the lawyer about it. will there be aby problem with my green card. I never gave so much thought to this incident until I saw this question on the lawyers questionner. Now this has become such a big issue like the world is going to come to an end for me.

Anybody please let me know if i should be concerned or anybody was in a similar question..hellp
 
GCPAIN1
First take a deep breath and relax. You are fine.
Since this incident happen after you applied for I-485, so it's okay that you did not disclose it in your I-485 application.

Is your lawyer your company lawyer or your personal? If your lawyer is your personal then there is no problem
disclosing this incident but if it's your company paid lawyer then the law firm and the company has to sign a conflict waiver form.
Otherwise since he's paid by your company he will be obligated to disclose everything to your company if asked.
If you don't feel comfortable then get advice from a external lawyer like Murthy or Rajeev Khanna . I think they will cahrge you around $200 for 30 minutes consultation but it's worth it because they will give you very sound advice.

My personal advice and reading this forum for a long time is you need to be honest and disclose this arrest information if asked by INS verbally at a interview or in any other visa/I-485 related forms. If you hide it then it will be mispresentation of facts and you will lose your status and will be deported.
There are bunch of people in this forum who got GC after being arrested for DUI or other reasons like yours.
Search the forum for more information.
Trust me it's not the end of the world as long as you follow a good lawyers advice. Whatver you do,please do not lie to INS regarding this.
 
i want to talk to the lawyer but i am afraid that he may disclose it to my company as my company pays him. is this question even asked on any INS form requried for H1 extension 7th year...why is this question on the lawyers questionnire....help.
 
gcpain,

Not very sure if it is asked for H1 extention (7th year). BUT it will be asked when you go for H1 revalidation, you need to disclose any prior arrests in Form DS-156: Q38.

- sunny
 
H1 revalidation from USA

maximus,

here is the reply that I got from state.gov representative on whether I should revalidate the visa from USA...


From: US VISA
To: *******
Sent: Friday, August 01, 2003 11:15 AM
Subject: RE: Worker Visa Revalidation


First thing -- see our website at www.travel.state.gov for instructions to renew your visa in the US.

Regarding whether your DUI conviction. Unless you have multiple convictions and have been sentenced to a 5 year prison term, you will not need a waiver because a DUI does not make a person ineligible for a visa. However, it is very likely that when the Via Office runs your name through the namecheck system, it will show up in the database shared with us by FBI (if your DUI was in the US). If this happens, the Visa Office will tell you that you need to apply for a visa overseas. When you apply overseas, your fingerprints will have to be taken and sent to FBI to get your record (even if you tell us what it is for).

So, it might be better for you to skip applying in the US if your conviction was in the US. If you choose to apply in the US, it is taking about 10-12 weeks to process cases, and yours will probably have to be refused because of the FBI record. So you might as well save yourself this time.

USVisa - lp
 
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Sunil,

What about a case like mine....will they issue a visa here itself or do the same to me too...i do not even have a charge against me. is there any way I could say no to that question.

sorry if i am bothering you but i am desperate.
 
gcpain,

an attorney practising in criminal & immigration law is the best help you can get. if you are okay with discussing this with your current attorney, go ahead and ask these questions to him/her.

if incase you are not very comfortable (he is hired by your company), you can personally hire an attorney for advise (http://www.murthy.com/consult.html , they typically charge $150-$200 for 20min consultation)

it is always advisable to get professional help in such cases.

best of luck,
- sunny
 
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ok..one more last question.what if i get my arrest record expunged...then can i forget this incident and move on..will that work?
 
gcpain1
You should definitely expunge the record if you can and that will help you with I-485 application but you still have to admit to the arrest because INS checks fingerprints with FBI records and they will definitely find out that you were arrested before.
Like Sunil said get some professional help.
 
Yes, In that case you dont have to worry about mentioning your arrest.
 
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