Not Disclosing DUI on H1B Constitue "WillFull Misrepresentation of Material Fact" ?

[gkr819]

Hi All,
Will "Not disclosing DUI on H1B revalidation constitue a "WillFull Misrepresentation of a Material Fact" ?.

Material Fact..
Simple DUI (Misdemenor B ) is not excludable on True Facts

Since I didn't disclose it , "Tends of shut the Line of Inquiry which could be ended up in a Proper Denial". But again this will not be resolved againt me, since the visa will be issued , if the Truth was known.

Lying is not my intension,but if a simple misunderstanding on my part going to cost my AOS denial , then I'm not planning to apply for a waiver. I wanna fight this thing on the Court ...

Now what I wanna know 2 things .

Since I didn't disclose the Arrest at the time of H1B Revalidation , But I did on my I485 , Will this Going to cost my I485?

Second , If INS deny my I485 becuase of this , Do I have a Case ?


I have also read the Forbes case on the 9th Circuit , And Its clear that the applicant cannot be punished just becuase he didn't disclose it ..

Please throw suggestions and clear my mind..

Thanks a lot ....

 

[JohnR]

depends

you have two issues here: 1) false testimony to obtain your H1B and 2) the DUI conviction.

Concerning the False Testimony: A) it depends upon where you live: 9th Circuit Court Decisions are ONLY binding in the 9th District. Other District Courts have taken other positions.
B) INS District's positions concerning false testimony to obtain immigration benefits will be in line with the District Court that has jurisdiction. Some INS District Directors have taken a very hard line stand on False Testimony to Obtain Immigration Benefits. You will need a competent attorney for advice concerning the INS & Court district in which you reside.

Concerning the Criminality of DUI: it, again depends upon which Circuit Court and which INS district you reside in. Also depends on how long ago, what the penalty was, how long prison sentence, how much fine was and how long probation was. Again, IF the District takes a "hard line" position against you, you will need a competent attorney for this too.

You should have called a cab.

 

[gkr819]

Materiality ???

Amazing .. One side of the Nation issues one decision and other side of the Nation contradicts that..

I live in 5th circuit, TX. But , I can't find any misrepresentation case on any circuit court past 5 years.

Got DUI 2 and 1/2 years back in CA . CA issues probation for 3 years which ends in 6/20/2003.
So I"m on still probation. But the Court can not view probation as a alone . They have to consider as part of the whole sentence. My lawyer said this. If probation is alone given as punishment ( without fine) , then it matters.

Can you please address any misrepresentaion case on anyother circuit court or where I can find info.

Misrepresentaion on non-indictable offense, what are the grounds for misrepresentation here . May be I'm missing something ...Why would somebody lie about something which he already know that not going to affect . I misunderstood DUI as a Traffic violations and didn't disclose it on my H1B. When I came to know its not , I have acted upon it .And also failure to disclose was subsequently addressed on my I485 application .where is the willfullness in my case when u consider both the applications ?

Please throw some more information ...

Thanks,