Thank you for the post, read the case, super regret didn't take any action after 2 denial. But I won't let it go this time. I'm ready for it.
DWI record, would I be approved?
- Thread starter ruscito
- Start date
Thank you for the post, read the case, super regret didn't take any action after 2 denial. But I won't let it go this time. I'm ready for it.
Jackolantern
Registered Users (C)
The way they operate, appealing a moral character denial without a lawyer is an almost sure route to another denial. Without the firepower of a lawyer behind you, they'll just fall back to supporting the original IO's decision.
I was referring to a denial of a second application after a charge falls outside statutory period, not a denial of an appeal. But yes I agree, filing an appeal without any legal firepower is pointless.
I think I'm just very very very very bad luck. I hired d lawyer file an appeal for me, he sent a lady go with me to the appointment. (I didn't ask because I believe he suppose know what he's doing) but after we arrived to the IO office, I just find out she's not a lawyer at all because when the IO ask her about the license, she said she doesn't have one!!!!!!!
So the IO asked her out, left me alone for appeal. Of course like what you said an appeal without any legal lawyer is pointless. I got denied again!!! After all, I call the lawyer, asked for my money back, (he ask extra $500 for sending this useless lady go with me.) but he never answer the phone. email. I was even thinking sue this lawyer for misleading me to miss a opportunity. Things seems getting more complicated after the denial. Finally I listen to my friend then decide apply later again. because i didn't know when it would be end and how much it will finally cost. I was undergo some finance difficulty.
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I think I'm just very very very very bad luck. I hired d lawyer file an appeal for me, he sent a lady go with me to the appointment. (I didn't ask because I believe he suppose know what he's doing) but after we arrived to the IO office, I just find out she's not a lawyer at all because when the IO ask her about the license, she said she doesn't have one!!!!!!!
Please let us know who he is, just so we know and avoid him any cost.
I don't know if it's ok to put his name or phone number on here, but it's really a nightmare for me.
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Hi
I was arrested and charged with Aggravated - DWI in NY Sep./08 because BAC .21 First offence no injury or accident. I am charged with aggravated b/c of BAC > .18. My case is still open and next hearing is in Dec./08.
I am on J 2 Visa (sponsored by spouse), a Canadian Citizen, born in India.
My visa is to be renewed annually (June/09) as contract is renewed every year. The renewal is at the POE in Niagara.
I am concerned about my visa renewal and if I can travel to India while case is open. I might have to a panel physician b/c DWI will be < 3 yrs. My concern is that if it is CIMT? That can create majot visa issues.
Any advice will be greatly appreciated.
Thanks.
I was arrested and charged with Aggravated - DWI in NY Sep./08 because BAC .21 First offence no injury or accident. I am charged with aggravated b/c of BAC > .18. My case is still open and next hearing is in Dec./08.
I am on J 2 Visa (sponsored by spouse), a Canadian Citizen, born in India.
My visa is to be renewed annually (June/09) as contract is renewed every year. The renewal is at the POE in Niagara.
I am concerned about my visa renewal and if I can travel to India while case is open. I might have to a panel physician b/c DWI will be < 3 yrs. My concern is that if it is CIMT? That can create majot visa issues.
Any advice will be greatly appreciated.
Thanks.
Hi Bobsmyth, thanks for your reply. Are you a legal professional. I am not sure if A-DWI conviction will make me inadmissable into the U.S. As per Rice's memo, drunk driving convictions should not be so.
When the aggravating circumstances are a higher BAC do you know why is a higher BAC reading a CIMT. Do you have a source that I can consult.
Many thanks.
When the aggravating circumstances are a higher BAC do you know why is a higher BAC reading a CIMT. Do you have a source that I can consult.
Many thanks.
I'm not a legal professional, but there's plenty of evidence online that aggravated DWI is a CIMT. BAC level over .18% is an indicating factor as well as your state laws.
In some states a BAC>0.08% and speeding 30 miles above limit is also aggravated DWI.
You can search for an immigration lawyer online at:
http://www.aila.org/
Ask around first before using their services..you want to make sure you are getting good advice before paying someone.
In some states a BAC>0.08% and speeding 30 miles above limit is also aggravated DWI.
You can search for an immigration lawyer online at:
http://www.aila.org/
Ask around first before using their services..you want to make sure you are getting good advice before paying someone.
Many thanks for your reply. I spoke to my lawyer and he said that he can try and get my A-DWI reduced to a DWI even though blood count is .21. Also, othe lesser charges like DWAI and reckless driving should be dismissed in the plea bargain. If I plea guilty to only a DWI and get convicted, will this still have issues with visa. I have consulted 3 immigration lawyers and all agree that a DWI with no accident and not driving with suspended licence, i should be fine. Although as always it will depend on my evaluation by the immigration officer. Please provide your feedback. Sincere thanks.
Dwi
Many thanks for your reply. I spoke to my lawyer and he said that he can try and get my A-DWI reduced to a DWI even though blood count is .21. Also, othe lesser charges like DWAI and reckless driving should be dismissed in the plea bargain. If I plea guilty to only a DWI and get convicted, will this still have issues with visa. I have consulted 3 immigration lawyers and all agree that a DWI with no accident and not driving with suspended licence, i should be fine. Although as always it will depend on my evaluation by the immigration officer. Please provide your feedback. Sincere thanks.
Many thanks for your reply. I spoke to my lawyer and he said that he can try and get my A-DWI reduced to a DWI even though blood count is .21. Also, othe lesser charges like DWAI and reckless driving should be dismissed in the plea bargain. If I plea guilty to only a DWI and get convicted, will this still have issues with visa. I have consulted 3 immigration lawyers and all agree that a DWI with no accident and not driving with suspended licence, i should be fine. Although as always it will depend on my evaluation by the immigration officer. Please provide your feedback. Sincere thanks.
My only concern is that IO may ask what BAC was and come to their own determination that is was aggravated, even if you plea bargained with court.Immigration law takes into consideration all aspects of court case including probable guilt, so even if you plea bargain to a lesser charge the IO may still ask about original charges and determine that it was a CIMT.
Ask an immigration lawyer how to proceed if such a question where to arise at your interview.
Ask an immigration lawyer how to proceed if such a question where to arise at your interview.
Dwi
Thanks again.
My J2 visa (based on spouse J1) is renewed in the U.S i.e. I do not have to leave the country and get the DS form stamped unless I travel abroad. With my J2 renewal, from July 2009 to July 2010, I can also apply for EAD renewal. Do you think that this might effect my J2 renewal by USCIS and subsequently my EAD renewal by DHS here in the U.S? Also, is it Ok to travel before my conviction based on the J2/I94 I have right now (expires July 2009). Will my Canadian citizenship help in any way?
Sincerely.
Thanks again.
My J2 visa (based on spouse J1) is renewed in the U.S i.e. I do not have to leave the country and get the DS form stamped unless I travel abroad. With my J2 renewal, from July 2009 to July 2010, I can also apply for EAD renewal. Do you think that this might effect my J2 renewal by USCIS and subsequently my EAD renewal by DHS here in the U.S? Also, is it Ok to travel before my conviction based on the J2/I94 I have right now (expires July 2009). Will my Canadian citizenship help in any way?
Sincerely.
Hi Ruscito,
My case is similar to yours. When did you receive the N400 decision? Was the decision from INFO PASS? Have you received the oath letter?
Thanks.
Hi to all, last month i had an interview of N400, passed citzenship test. but i have some judical case pending and officer said she can not make a decesion today because i did not have origianal certifried copy about my case, meanwhile she continue the all process of application and i signed 2 photpgraps. ( signing a photographs is it good sign?) Anyway after 2 days i got form N14 and same day i sent the required documents to field office. My question is that how long its gonna take to make decision about my case,
important thing is my judicial is pending , according to law i am not convicted but case in pending that's what i wrote in N400 application,( even i got my Greencard while judicial case was pending and still pending) i was not expecting interview that soon 3 months after i applied. Anyway if someone let me know how long i have to wait for decsion coz i have to go out of united states next month ,it is kind of emergency.
As concen my judical case it is basically entrapment from local police(solicatation computer) and i belive i am totally inoocent coz i had been very profissionally traped and no real person or objet is involved,
thanks
important thing is my judicial is pending , according to law i am not convicted but case in pending that's what i wrote in N400 application,( even i got my Greencard while judicial case was pending and still pending) i was not expecting interview that soon 3 months after i applied. Anyway if someone let me know how long i have to wait for decsion coz i have to go out of united states next month ,it is kind of emergency.
As concen my judical case it is basically entrapment from local police(solicatation computer) and i belive i am totally inoocent coz i had been very profissionally traped and no real person or objet is involved,
thanks
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If you got caught by a "Dateline NBC-type" sting operation where you thought you were communicating on-line with a child but it turned out to be a police officer then it is unlikely to be entrapment simply because the people running such operations are very careful to not incite any crime. You can read the legal definition of entrapment at http://www.lectlaw.com/def/e024.htm but essentially, to be entrapment, the authorities must coerce someone into committing a crime that they had no intention of otherwise committing.
USCIS most likely won't approve your case with a pending judicial trial. Do you have a court date set?
Sounds to me like you engaged in some illegal conversations with a minor over the internet, but that the "minor" turned out to be a law enforcement officer.