kzs13364 and others
kzs13364 and others,
I think with the followup of a close friend in similar situation and others with DUI / Traffic related offenses i gathered the following information.
If one is arrested (ONLY with fingerprint taken or arrest is entered in NCIS), then it will show up in FBI checkup and it will ultimately show up in NCIS(National Crime Information System). Local state refers to NCIS for any criminal background checkup without FP. Ofcourse FBI has the superset of all information.
If ONE is NOT arrested for any traffic offenses(i.e speeding in most of states is traffic misdeamoner, reckless driving..etc) then even upon conviction it will NOT show in any NCIS. It will show up in their traffic record which is NOT criminal record.
Even Arrest DOES NOT mean ones GC is in jeopardy. First time Offenders as long as it NOT Felony and the offense does not come under CRIME OF MORALTURPITUDE(any criminal offense with intent or aggravate felony (includes ) should certainely be fine. They might under go certain delay in GC process but it should not make them inadmissible.
One should be pretty safe if the total sentence(multiple offenses,including probation) does not exceed 5years for CRIMINAL OFFENSE of NON -MORAL TURPITUDE.
Certainlely DUI/DWI does NOT come under that classification(according INA 212(2a & 2b) of INS).
In almost all of the states DUI is NOT considered crime of moralturpitude.
I have seen many discussions(immigration.com and others) that almost all first time offenders of DUI/DWI folks got GC (some with out any local interview).
I am NOT a lawyer, but please consult immigration attorney dealing with similar cases. They should give lot of insights...
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INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.
