Please help with DUI...Urgent

MGM,

Right now, the court has ordered me, to meet with probation officer on firday. Then, I think I need to go through alchohol accessment. I have already told the court that I will be leaving in the month of Dec or Jan. Do you think, BCIS will be still contacting me. If they contact whom will they contact. Do they contact me or my company? I already have a return ticket after couple of months. What should I do in this situation. Shall I just wait ?
Please advice.....thx.....
 
MGM,

MGM,

Right now, the court has ordered me, to meet with probation officer on firday. Then, I think I need to go through alchohol accessment. I have already told the court that I will be leaving in the month of Dec or Jan. Do you think, BCIS will be still contacting me. If they contact whom will they contact. Do they contact me or my company? I already have a return ticket after couple of months. What should I do in this situation. Shall I just wait ?
Please advice.....thx.....

In your reply you said the following "I hope somebody who is more familial with that will just pitch in".....What do you mean by this.....please tell me...thx
 
What I meant was that among the people who read this forum and of course our postings, there may be someone who is more knowledgeable in a few of the things that we are discussing. I hoped that they will pitch in. As for what you should do, I think that you should meet your probation officer and do whatever the court ordered you to do and do not worry about what BCIS will do.
MGM

lll_k123 said:
MGM,

MGM,

Right now, the court has ordered me, to meet with probation officer on firday. Then, I think I need to go through alchohol accessment. I have already told the court that I will be leaving in the month of Dec or Jan. Do you think, BCIS will be still contacting me. If they contact whom will they contact. Do they contact me or my company? I already have a return ticket after couple of months. What should I do in this situation. Shall I just wait ?
Please advice.....thx.....

In your reply you said the following "I hope somebody who is more familial with that will just pitch in".....What do you mean by this.....please tell me...thx
Click to expand...
 
I have almost the same conviction and issue..Pls suggest...

i was Arrested on Felony charges 2 years back on a stupid mistake for using an unauthorized credit card less then $300..
Later, the felony charges was dismissed and I was convicted for Class A misdemeanor..and 24 months of court supervision on conditions...
Felony dismissed n expunged. this year only in August...
During the arrested they photographed me and took my finger prints. No Jail time .my lawyer filed expungement and i was approved last month for that.I received a letter from the State police saying that the record has been expunged. But I can still check myself on freepublicrecordfinder.com
Now i have to go back to my country for my H1 B visa stamping..

What are my chances of getting it stamped and re-entry to US..?

Please advice
 
My 24 months of conditional court supervision started in Aug'2007 just few months back as the case went thru 2 years and it was pending from OCT 2005 till the decision came out in Aug 2007.

The credit card company compromised for Misdemeanor A instead of Class 2 Felony as I was new in USA that time and the damage was a small amount of $14.

I haven't been to India since Oct 2005 as my Lawyer advised me not to go coz the INS wont allow me to come back. My court supervision started in August 2007 and it will be till Aug 2009..So, it mean , its not safe to leave this country before the end of court supervision or what?? Please clear this doubt.

Yesterday( 10/31/2007) only I received a letter from the State police that my Felony arrest has been expunged. Is that mean all the records including Felony(dismissed) and Misdemeanor or just the Felony..???

One more thing..is the Misdemeanor A is more worse then Misdemeanor B..I may sound stupid in asking this question but wud u pls clear my doubt?
 
Find out what was the exact criminal code on which you are convicted. Usually a class A misdemeanor will have a maximum possible jail time of more than 6 months. In that case, it will be a deportable criminal offence and you will have to face removal proceedings. If that is the case, it is not at all advisable for you to leave the country. You should consult an immigration attorney and discuss your case. A knowledgeable immigration attorney can still salvage your case. Otherwise, you may face very bad consequences because of your criminal conviction. Good Luck.
MGM
sunshinerony said:
My 24 months of conditional court supervision started in Aug'2007 just few months back as the case went thru 2 years and it was pending from OCT 2005 till the decision came out in Aug 2007.

The credit card company compromised for Misdemeanor A instead of Class 2 Felony as I was new in USA that time and the damage was a small amount of $14.

I haven't been to India since Oct 2005 as my Lawyer advised me not to go coz the INS wont allow me to come back. My court supervision started in August 2007 and it will be till Aug 2009..So, it mean , its not safe to leave this country before the end of court supervision or what?? Please clear this doubt.

Yesterday( 10/31/2007) only I received a letter from the State police that my Felony arrest has been expunged. Is that mean all the records including Felony(dismissed) and Misdemeanor or just the Felony..???

One more thing..is the Misdemeanor A is more worse then Misdemeanor B..I may sound stupid in asking this question but wud u pls clear my doubt?
Click to expand...
 
Thanks MGM for ur promot response.

How much time it takes for them to come up with a decision for the deportation.

I has been over 2 months and i haven't heard anything from any where. My case was over on July 27..and since then i haven't heard anything from the INS or any other department.

So, please advice me further?

I talked to the Immigration lawyer. He is charging a big amount just to review the case. Please advice in this regard too..

~RJ
 
Immigration in most cases will not do anything until you seek some kind of immigration benefit. For example, when you apply for permanent residentship, it will require background check and will prompt them to act. Otherwise, like any other govt office they are very slow to act. In case of felony offence, the criminal court gets in touch with the BCIS and they act immediately. However, for misdemeanor cases it works as I suggested above. As for as, attorney selection, call and interview a number of them before you choose one. Choose one that practices in the innigratioin court that will be local for you and will have jurisdiction on your case. Thanks.
MGM

sunshinerony said:
Thanks MGM for ur promot response.

How much time it takes for them to come up with a decision for the deportation.

I has been over 2 months and i haven't heard anything from any where. My case was over on July 27..and since then i haven't heard anything from the INS or any other department.

So, please advice me further?

I talked to the Immigration lawyer. He is charging a big amount just to review the case. Please advice in this regard too..

~RJ
Click to expand...
 
MGM,

Here are the count I had on my Charge sheet when the case on filed by cops couple of months back...

1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

2) Operating a Vehicle with ACE of .15 or more, a Class A misdemenor pursuant to I.C.9-30-5-1(b)

3) Public intoxication, a Class B misdemenor, pursuant to I.C.7.1-5-1-3

There were no injuries & no accident in this. Someone had called up the cops and said that the vehicle was driffting on the road...
My BAC was .21

I pleaded gulty they have charged me for count1 (I.C.9-30-5-2(a)). Other charges were dismissed by the court.

My sentencing order by court says that "Operating a vehicle whlie intoxicated--CAM".

Now I completed the jail time as sentenced (1weekend) and I am required to attend 2 alchohol classes and need to report to probation every month (remote reporting).


I am now going back to India in couple of months and may return back on the same L1B visa which is valid for another couple of months...

Now my concerns are:

1) Will I be deported from Port of entry when I come back.

2) What questions may the officer at POE ask me (problems at POE)

Please suggest me what needs to be done...

thx.....
 
My friend, do not worry too much about this now. I think you will be alright. I do not think your crime makes you inadmissible. Here is the related section of the immigration law which deals with inadmissibility. Read the exception clause II, at the very end of the message. I tried to highlight it in red. Hope it will put your fears to rest. Good Luck.
MGM

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).






lll_k123 said:
MGM,

Here are the count I had on my Charge sheet when the case on filed by cops couple of months back...

1) Operating a Vehicle while intoxicated endangering a person, Class A misdemenor, pursuant to I.C.9-30-5-2(a)

2) Operating a Vehicle with ACE of .15 or more, a Class A misdemenor pursuant to I.C.9-30-5-1(b)

3) Public intoxication, a Class B misdemenor, pursuant to I.C.7.1-5-1-3

There were no injuries & no accident in this. Someone had called up the cops and said that the vehicle was driffting on the road...
My BAC was .21

I pleaded gulty they have charged me for count1 (I.C.9-30-5-2(a)). Other charges were dismissed by the court.

My sentencing order by court says that "Operating a vehicle whlie intoxicated--CAM".

Now I completed the jail time as sentenced (1weekend) and I am required to attend 2 alchohol classes and need to report to probation every month (remote reporting).


I am now going back to India in couple of months and may return back on the same L1B visa which is valid for another couple of months...

Now my concerns are:

1) Will I be deported from Port of entry when I come back.

2) What questions may the officer at POE ask me (problems at POE)

Please suggest me what needs to be done...

thx.....
Click to expand...
 
MGM,

Thanks for the prompt reply. So, in my case I was not imprisioned for 6 months or max imprionment for my criminal code did not also exceed for 1 yr.
But the maximum imprionment if given would be 1 yr.
I was actually imprioned for about 96 hrs (6 days)

That means I should be fine. But can you please tell me, what problems would I face at the Port of entry. What questions would the officer ask me at POE if I travel on the same visa ?
Do you know if anybody have travelled with BAC as .21 ?

Please reply me if you have any idea of the same.

thx....
 
They will ask you nothing related to this at the POE. You should get in without any problem.
MGM

lll_k123 said:
MGM,

Thanks for the prompt reply. So, in my case I was not imprisioned for 6 months or max imprionment for my criminal code did not also exceed for 1 yr.
But the maximum imprionment if given would be 1 yr.
I was actually imprioned for about 96 hrs (6 days)

That means I should be fine. But can you please tell me, what problems would I face at the Port of entry. What questions would the officer ask me at POE if I travel on the same visa ?
Do you know if anybody have travelled with BAC as .21 ?

Please reply me if you have any idea of the same.

thx....
Click to expand...
 
MGM,

Thanks for your reply. I am going back to India now and will be travelling back in the month of April 08.

Have you got any idea that my BAC (.21) count will make any difference at POE. Is there anyone who has travelled with BAC high.

What papers do I need to carry when I will travelling back to US.

Please suggest.....thx
 
MGM,

Do you suggest me to travel back to US. Please advice me, since you were keeping a track on my case.......thx
 
Hi lll_k123 ,

You said you are planning on a trip to India in April 2008. Did you go to India and came back?
If so, please post your experience...I am also planning to goto India in October after the completion of DUI Court supervision (1 year). I already have a H1B visa, but not sure what happens at POE...
Thanks in advance.
 
Hi rkniu_1981,

Yes I am back to US without any probs and back to work.

am still on probation till oct 2008. I had carried a Travel permission from the probation officer before leaving USA.

Below are two situations:

When going to India:
I was question about the arrest at the port when I was flying out of US.
I honestly told them the wildest thing happened with me and showed them the travel document/permission which I was carrying. They let me out of the country without any problems.

When getting into USA (At port of entry):
I was expecting a lot of question. But nothing was asked to me about this incident for my surprise. Officer did not ask anything about my DUI case.

I think MGM is correct in all respects.....There should not be any problem getting into US with a DUI record.

You should be fine...........

thnx.............
 
Hi lll_k123 ,
I am planning a visit to India in October 2009 (visa valid until oct 2010). It would be really helpful if anyone could share their DUI and POE experience with me.

In one of my recent posts, a couple of members at the forum mentioned that there wouldn't be any issues at POE . Could someone please share their experience as I'm concerned with the travel.
As I was fingerprinted during the arrest.I was wondering if that(DUI)could make me inadmissible at the POE.

Here is my story-

I got my first DUI in March 2009 in CA with BAC 0.18 and court has ordered me to pay fine 0f 1800 dollars(which i am paying 75 dollars a month)and complete First offender program and 5 days of weekend work which i already completed. I have H1B visa valid until Oct 2010.
I am planning to visit India this Nov 2009. I am wondering if there will be any issue at POE. (As my visa is not yet expired)

Thanks
RChavali
 
Hi RChavali,

As MGM said do not worry about it. I was arrested twice within a month in 2004 with a BAC of 0.22 (the highest the metre can check) and before the court hearing I had to go back to India due to my mother's death. My visa also expired in the meantime that I was in India. I went to Mumbai for stamping and the officer asked me if I had been in any kind of trouble in US. I told him everything exactly as it had happened. I was asked to come back again (after 1 month for fingerprinting) and then again 4 times to repeatedly narrate my story at Mumbai consulate. Finally when my lawyer in US sent me a letter saying that the court will consider me to be a fugitive if I do not return for the court date and will be arrested anytime I land anywhere in US. Then the Mumbai consulate gave me the visa but they wrote something like "VISA INA INELIGIBILITY" on the stamping. So everytime I used to come back they used to do thorough check of my baggage at the port of entry and ask me some questions but they never stopped me from getting in or missing the flight.

Good Luck and dont worry about it. Wish you all the best and have a safe trip.
 
Msharma96 said:
Hi RChavali,

As MGM said do not worry about it. I was arrested twice within a month in 2004 with a BAC of 0.22 (the highest the metre can check) and before the court hearing I had to go back to India due to my mother's death. My visa also expired in the meantime that I was in India. I went to Mumbai for stamping and the officer asked me if I had been in any kind of trouble in US. I told him everything exactly as it had happened. I was asked to come back again (after 1 month for fingerprinting) and then again 4 times to repeatedly narrate my story at Mumbai consulate. Finally when my lawyer in US sent me a letter saying that the court will consider me to be a fugitive if I do not return for the court date and will be arrested anytime I land anywhere in US. Then the Mumbai consulate gave me the visa but they wrote something like "VISA INA INELIGIBILITY" on the stamping. So everytime I used to come back they used to do thorough check of my baggage at the port of entry and ask me some questions but they never stopped me from getting in or missing the flight.

Good Luck and dont worry about it. Wish you all the best and have a safe trip.
Click to expand...
What was the outcome of your court case? Two arrests in such a short time with such a high BAC level must surely have meant a custodial sentence.
 
Hi dms1,

I got 2 year suspension/revocation of license (from 2005 to 2007) and 1 year driving with a breathanalyzer installed in the car. One of the most horrific ways to learn not to drive after drinking. This whole thing ended this year in April.
 
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