Help Needed---DUI Case

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I beleive you already got the needed expert advise from your attorney. Were you arrested in the same state from where you filed your GC, if so don\'t forget to ask ur attorney if that makes a difference. since laws are different for different states and how they keep records. I know the pain my friend, because my best buddy has the same problem and he said YES in 485 appl. In his case he went for hearing next day and his FP were taken.
 
Question for ravi_1000

Hi ravi can you share your experience...Did you filed YES in your application first time to did you refiled the application as I am doing...Please let me know any info which is going to help. email me at dui_what_to_do@yahoo.com
 
Filed saying "Yes"

I did filed 485 with "Yes" first time itself.As i said earlier DUI is not a deportable offence as long as u are not convicted as a felony offence.I spoke many immigration attroney and they adviced me to say "Yes".I got my H1 stamping too when i said "Yes" in 156 FORM.

But u\'r case is little bit different from mine as my fingerprints were taken by cop and i believe the record will exist for ever.

I did my fingerprints for 485 in Dec and process had resumed on my July case...waiting...

Good luck buddy...
 
Ravi_1000 Thanks for reply

Please post your details going forward. My friend this pain of going thru all this really hard. For the mistake I did 3yrs back suffering like anything...make note of my email dui_what_to_do@yahoo.com please send info about your approval. Which Service did you applied.

Good Luck...
 
DUI maybe considered a criminal offense..

It depends on the state laws. Pls visit www.usvisanews.com/www.murthy.com and do a search on DUI. I remember reading on one of those sites that DUI is considered a deportable offense in some states. It certainly is not merely a traffic violation in almost all states in the US.
Also, as someone posted clearly, please consult a criminal lawyer in addition to your immigration lawyer. Perhaps you may let them speak to each other and come up with the best solution for you.
Quite frankly, no one really knows what records INS checks. In the light of September 11, they may check additional records -- who knows! The penalty for perjury is far greater than re-filing the 485 with the correction (if required -- determine this with the help of your immigration and criminal attorneys)
All the best!
 
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What Exactly it means "Penalty for Perjury far greater than Refiling with Correction ..?.
I misunderstood the Offense as a Traffic violation and Refilled my I485 disclosing the DUI even before I was fingerprinted for the first application .
DUI cannot be a Disportable offense, Since So many times Court Overrulled INS decisions on this , even for people who got DUI twice.
Any INS Decision has to have somelevel of rationality in it , Since people\'s life involved and they knew , If one disclosed his DUI on his I485 application , then he has a case that he can take it to the Board.
Infact because of misunderstanding I didn\'t disclose at time of My visa revalidation . But one thing I know that is I have NO intension to hide this DUI to INS and State Department. If I have and I wouldn\'t have refilled my I485.
So what u think ..I can forget my Greencard..??
 
Hope this helps.......

Sorry to say but I think DUI is offense but if they have not done any FINGERPRINTING you need not worry cause when the FP is done it will come.

You should consult your lawyer ,criminal lawyer and also IIO and answer the Ques. and if you have said "NO" then don't worry just wait .IF there is an interview answer them by saying the truth.

Hope this helps.
 
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