Help Needed---DUI Case

W

Whattodo

Registered Users (C)
Folks Need Help.....

In 1997 I was stopped by Police officer and tested for DUI Charge and lost my driving privilage for 6 months. In 485 application I stated No for arrest question which also says excluding traffic voilation.

I got my EAD also....Is DUI treated as arrest?

Please respond....Also Never Drink & Drive...I going thru lot of pain about it...folks this only mistake in my life please now go thru this pain.

Appreciate any feedback....
 
DUI is not a traffic violation

it is bigger than that, depends on what happpened to you on that day, you should have answered YES.
 
Do I get rejected based on DUI

Milk

Do my GC get rejected based on DUI...

Anyone in this who has charged for DUI...please share your ideas..
 
I think no need to worry

INS is interested in checking for any immigration law violations and not the traffic violations. I think DUI(Driving under Influence) will come under traffic law. So I guess no need to worry. By the way did you get arrested at that moment and put in jail for few hours or so. If not just forget it.
 
Thanks for reply

Cop took me to the station for breath test. After test I was released to my friend. What does arrest mean? Like taking finger prints/photos...if thats the case No finger prints were taken.

Thanks for the reply...
 
were you only charged with points?

INS does not check driving records. But, did the cop file anything else like an arrest?
 
I had points on my driving records..

I had points on my driving records untill Sep 2001 and cleared after that because of 3years all the points are cleared now. But regarding arrest, I was in station for taking breath test...does that means I was arrested.

Thanks for reply
 
For your peace of mind, three things you can do....

1. No need to agonize - Call the VSC 800-no and ask them if DUI is a traffic violation or a criminal offense. You don\'t need to identify yourself. I don\'t think going to the station for a breath test would be an arrest. Hey, we can be taken or called to the police station for a no of things - doesnt\' mean they are arresting us. Otherwise wouldn\'t they FP and photograph you?
2. Call Motor Vehicles with the same question
3. Consult a criminal attorney. Probably their front office will answer that in a jiffy.
Try not to agonize too much. Good luck.
 
Same Situation here....

I have been convicted for DUI in CA.
Taken to jail for couple of hours,fingerprinted and let me go..

On Attorney advice i said YES to question in 485 and submitted all the court documents with explanation lettter attached.
Eagerly waiting for the approval...most probably you\'ll get a interview call and delay in approval...but i don\'t see any problem in approval.Because DUI is not a felony offence to deport,but multiple DUI may cause a problem.

I\'m very positive because I said Yes to one of the same question when i revalidated my H1 Visa at Stlouis a year ago...and i got revalidated without any problem

So friend...talk to attorney and apply 485 again with Yes answer.
Flase statements may cause problems if they find out.

Mine is July 2001 case...hold on for couple of weeks,you should get a answer from my approval or rejection.

We did a blunder mistake...i know the pain and tension.

I\'ll keep you updated.

Good luck..
 
Called INS 800 nu,mber

Called INS 800 number and asked about the arrest question. The fact is that DUI/DWI is not a minor traffic voliation. Also they suggested to send correction for 485 application stating why this question was said \'No\' and also with proof from court regarding the hearing.
Anyone please advice is it better to send the correction now or wait for RFE and reply at that time. Anyway I am going to ask my company lawyer also to advice on this issue, but I am going to loose my privacy about this issue in the company. But I am prepared for the situation for the mistake I have did in past.

Folks once againg thanks for your response also NEVER EVER DRINK & DRIVE....

Thanks
 
DUI ... I hope you did not identify yourself when you called IIO ...

Anyway I feel that since there were no FP\'s taken there is very very little chance that they can find out anything about your record.

I also think there is a way (not sure how) of Expunging your record,
Call a lawyer and find out. Also call DMV.And there is another matter of different state laws..each state treats this differently. Although thats changing rapidly..

FYI.. for those who may get charged with DUI ... Hire a Lawyer (The Bigger and badder the better, These guys Really Know how to deal with
such cases. Its a very common thing for them and will defend you thouroughly. Unless something really stupid was done, its fairly straightforward to get out of harms way,especially for first-time offenders(Not just speeding). The only thing is it will take lot of money which i think is well spent. They know how to get Plea Bargains(Compromise) to a lesser charge and heavy fine/community service. For proof go visit any court session in your town Court.

If you do come forward and tell them the truth..you "MAY" get a interview .. at which time you SHOULD ask your immigration Attorney
to represent you.

Anyway thats my 2cents worth of logical thinking..
 
Moral of the story "Dont Drink And Drive " its just not worth it..
 
By the way did your INS FP results come clean from FBI....If so that is the

only check that I think INS makes to find out if you have any bad record .
 
Wait patiently

I am sure that INS does not get information from Department of motor vehicles. Anyway you said no to arrests and the best option to you is to wait patiently and respond only if an RFE is generated on this count. There might be several ways to respond to the RFE and your lawyer might know the best.
For now lets hope INS doen not get the records from Department of motor Vehicles. In fact My friend who got a speeding ticket in New Jersey does not have that on his record in New York. If the records in one state is not passed on to other states, the chances of INS getting the records is remote
 
dont worry ! just wait and see..if they ask for RFE then only we need to do anything....

bcoz in your case they haven\'t taken the FP when they took you to the station. As long as the FP with INS is fine, I think thats fine with them. They dont check the Traffic violations or DMV records.

so i would say ...just relax and see ...b/w whats your RD ?
 
Needs to refile 485

My attorney advices to refile the application. Does anyone in this forum has ever refiled the application. If so how does the complete process goes...please share your views...
 
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