DWI and labor Certification

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prayin_hope

Registered Users (C)
I recently got arrested for a DWI offense (first time class B misdemeanor and no other arrests in my history) in Texas and my current visa expires in July 2006, after which I need to obtain a visa extension. I understand that I cannot go to Canada to get my visa extended as a result of the DWI conviction / arrest (I am not convicted yet, but that could be the worst case scenario). I expect to know the result of my case early next year.

Will the application for my labor certification (PERM) be affected as a result of the arrest / DWI charge? My lawyers are planning to apply for my labor certification in a couple of months. Should I postpone the application till I know the outcome of the DWI charge?

I have an appointment with my company's immigration soon. I think we might be applying for my Labor certification using Perm processing. Do you think I should tell him everything about the DWI? Nobody in my company knows about this still.

Thanks.
 
prayin_hope said:
I recently got arrested for a DWI offense (first time class B misdemeanor and no other arrests in my history) in Texas and my current visa expires in July 2006, after which I need to obtain a visa extension. I understand that I cannot go to Canada to get my visa extended as a result of the DWI conviction / arrest (I am not convicted yet, but that could be the worst case scenario). I expect to know the result of my case early next year.

Will the application for my labor certification (PERM) be affected as a result of the arrest / DWI charge? My lawyers are planning to apply for my labor certification in a couple of months. Should I postpone the application till I know the outcome of the DWI charge?

I have an appointment with my company's immigration soon. I think we might be applying for my Labor certification using Perm processing. Do you think I should tell him everything about the DWI? Nobody in my company knows about this still.

Thanks.
Click to expand...

I dont think you will ever have to face any problem when filing PERM labor, they only way they will know is when they do your background check, then chances are you may get clipped. But even its a serious violation, people get away with it, its not the end of the world, make sure you dont do the second offence or you may face some serious charges.
 
PERM labor and DWI charge

IndiraGandhi said:
I dont think you will ever have to face any problem when filing PERM labor, they only way they will know is when they do your background check, then chances are you may get clipped. But even its a serious violation, people get away with it, its not the end of the world, make sure you dont do the second offence or you may face some serious charges.
Click to expand...

Thanks IndiraGandhi. How long do you think it will take before my arrest record shows up in my background check? Do you think a background check is necessary for a labor certification? I have an appointment with my company's immigration attorney in a couple of days. Do you think I should tell him about the DWI? I want to keep this to myself atleast till I know the result of my case.
 
DOnt worry

Hi Prayin-hope

You need not worry about the DWI. It wont really be an issue during LC. It may slow down (not stop) the later stages due to fingerprinting and name checks (even if you were not convicted).

But dont hide anything from them. Even if you are not convicted. Th question that is typically asked is "Were you arrested" and that may be true in your case and you will have to reply honestly. It is worse if you lie and then get caught later. That becomes another crime.

So dnot worry. Tell the truth. And most importantly Be Patient since this can add delays to your GC process.

I am speaking from my own experience.

Regards,

Santosh_30
 
If you lie and get caught, that by itself is a deportable crime. So your answer to the BCIS will have to be truthful. For your Labor you do not have to worry about your criminal record as it will not ask for anything pertaining to that, but you have to be careful with your I-485 filing. You have to be truthful there and you are better off to have the immigration attorneys prepare your application with full knowledge about your crime. You have to decide how much you want to tell your office attorneys. If you believe that he/she will preserve your rights and will not discuss your case with your employer or your conviction will not affect your employment in any way, then you can tell the office attorney. But if there is a chance that telling him/her will affect your employment in some way, you will be better off hiring your own immigration attorney.
 
Yeah well they are saying that it does not affect you. Well guess what, I was saying the same thing. rEad my posts. I was just recentlly denied extension of my H1b because i have a DWI. They said that I am inadmissible in US. DWI was 5 1/2 years ago. I since habe been able to extend H1 b 3 times and now all the sudden this bomb that I am inadmissible. My lawyer has file a motion to re open but I think I will have to go back and go for consular interview. Even if everythng comes back fine and DWI is the only issues, they are going to ask me to file for a waiver since DHS think I am inadmissbile. that wavier will take 2 years to process. So pretty much say good bye to the american dream if this motion to re open does not work out in my favor.

So think twice what you say about DWI and immigration consequences. UCSI is very hard when it comes to changing their opinion.
 
ou90d02,
In your case even though the 5 and 1/2 year old DUI is considered to be a deportable offence (having a max possible sentence of 1 year or more) you would be alright if you had left the country and re-entered anytime after your conviction. Your message does not indicate anything to this effect. Assuming that you have not left the country in all these years, you will still qualify for voluntary departure and then go for the conuslar processing of your H1-B visa. With a voluntary departure, the 3 year mandatory bar on re-entry will not apply to you and you will immediately qualify for consular processing of your H1-B visa. You need to clear these before you apply for your labor and for permanent residency. Otherwise, this will come back and bite you even if you become a permanent resident or even a citizen. Unless the DUI you were convicted of was a felony, you should eventually be fine. Have a good immigration attroney working on your case. From my experience, I know that the quality of the attorney matters a lot in the outcome of your case. Good Luck.
MGM
 
Sosbuddha here again...PERM Initiation by Employer

prayin_hope said:
I recently got arrested for a DWI offense (first time class B misdemeanor and no other arrests in my history) in Texas and my current visa expires in July 2006, after which I need to obtain a visa extension. I understand that I cannot go to Canada to get my visa extended as a result of the DWI conviction / arrest (I am not convicted yet, but that could be the worst case scenario). I expect to know the result of my case early next year.

Will the application for my labor certification (PERM) be affected as a result of the arrest / DWI charge? My lawyers are planning to apply for my labor certification in a couple of months. Should I postpone the application till I know the outcome of the DWI charge?

I have an appointment with my company's immigration soon. I think we might be applying for my Labor certification using Perm processing. Do you think I should tell him everything about the DWI? Nobody in my company knows about this still.

Thanks.
Click to expand...


Hi Praying Hope, MGM:

I found these questions in this forum and I wanted to connect with you folks regarding a few questions that I have regarding Labor Certification. I was pulled over in 2006 for DUI 1 st, but later at the end of the whole ordeal, I ended up being found guilty of careless driving and not guilty of DWI 1ST. I had to visit India last year, in Oct and did get my visa stamping done at Chennai. This was after the new rule ( panel physicians) was in. All's good...I had given a detailed experience report of sorts in 'DUI FOLKS, LOG UR CONCERNS HERE' Thread....

Now, my company lawyers are planning on filing for my PERM and have sent me a questionnaire...which basicaly has the same dreadful question that appears in i-485, concerning arrests...etc...While I was reading these posts, I saw your note and looks like you were in a similar situation. Did you tell your company lawyers abt it? I mean, When I went for H1-B stamping, I did say Yes on the DS156, and I know there is no way of lying on the application for GC...But I was curious and wanted to know as to how your company lawyers reacted when you either told them/or filled up a questionnaire similar to what I am being asked to now. Could you please, when you get a chance to, pen down your experiences? I would really appreciate it.

To summarize, I was arrested and charged for DWI 1st, but at the end of the day, my case disposition reads 'not guilty' of DWI 1ST, Guilty of careless driving ( 3 point infraction in New Mexico)

Appreciate your response.

Thanks.
Sosbuddha
 
sosbuddha said:
Hi Praying Hope, MGM:

I found these questions in this forum and I wanted to connect with you folks regarding a few questions that I have regarding Labor Certification. I was pulled over in 2006 for DUI 1 st, but later at the end of the whole ordeal, I ended up being found guilty of careless driving and not guilty of DWI 1ST. I had to visit India last year, in Oct and did get my visa stamping done at Chennai. This was after the new rule ( panel physicians) was in. All's good...I had given a detailed experience report of sorts in 'DUI FOLKS, LOG UR CONCERNS HERE' Thread....

Now, my company lawyers are planning on filing for my PERM and have sent me a questionnaire...which basicaly has the same dreadful question that appears in i-485, concerning arrests...etc...While I was reading these posts, I saw your note and looks like you were in a similar situation. Did you tell your company lawyers abt it? I mean, When I went for H1-B stamping, I did say Yes on the DS156, and I know there is no way of lying on the application for GC...But I was curious and wanted to know as to how your company lawyers reacted when you either told them/or filled up a questionnaire similar to what I am being asked to now. Could you please, when you get a chance to, pen down your experiences? I would really appreciate it.

To summarize, I was arrested and charged for DWI 1st, but at the end of the day, my case disposition reads 'not guilty' of DWI 1ST, Guilty of careless driving ( 3 point infraction in New Mexico)

Appreciate your response.

Thanks.
Sosbuddha
Click to expand...

Could someone please suggest with regards to my question. I am kind of in a hurry. Please, appreciate your inputs. Anyone?
 
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