Travel using AP and DUI

S

santosh_30

Registered Users (C)
All:

I received my AP from USCIS in May 2005. I am still waiting for my I-140 and I-485 approval. I have had DUI in 1997 (8 years ago).

Would there be any problems if I travel outside the country and try to seek re-entry using AP? I am currently on 8th year H1B extension and am planning to apply for 9th yr extension.

Your comments would be much appreciated.

Thanks,

Pravin
 
santosh_30 said:
All:

I received my AP from USCIS in May 2005. I am still waiting for my I-140 and I-485 approval. I have had DUI in 1997 (8 years ago).

Would there be any problems if I travel outside the country and try to seek re-entry using AP? I am currently on 8th year H1B extension and am planning to apply for 9th yr extension.

Your comments would be much appreciated.

Thanks,

Pravin
Click to expand...
I can't think why the two would be related.

Am pretty sure that DUI is not a crime that bars you from re-entering.
If the offense were something that could bar your re-entry, it should happen irrespective of whether you enter using AP or a visa or whatever.

Don't worry -- it should be OK.
 
No problem. If you were arrested for DUI, say yes, if asked at POE. If you did a record clearance, they do no have your conviction record. They DO have your arrest record if (a) sometimes, you mentioned it in your 485 application (I hope you did) or (b) if you fingerprint has been done (c) if they take your fingerprints at POE (usually they don't with AP. In fact while returning you should be able to use the same line as the one for citizens and permanent residents).

Either way rule = "yes" to arrest question, if asked. Volunteer no information. No further problems.
 
You can dismiss your case

niladri30 said:
No problem. If you were arrested for DUI, say yes, if asked at POE. If you did a record clearance, they do no have your conviction record. They DO have your arrest record if (a) sometimes, you mentioned it in your 485 application (I hope you did) or (b) if you fingerprint has been done (c) if they take your fingerprints at POE (usually they don't with AP. In fact while returning you should be able to use the same line as the one for citizens and permanent residents).

Either way rule = "yes" to arrest question, if asked. Volunteer no information. No further problems.
Click to expand...

You can file a dismissal with District Attorney Office and dismiss your case (cost $130) if you haven't had any more convictions since your arrest (in State of California). In your case, it has been more than 7 yrs so it shouldn't even show on DMV record. Go to a court near you and ask, I am sure they will be able to help you out. I am not an attorney however I was in the same boat as you. I haven't left the country and I don't think it will effect you at the POE. Check with an attorney!!! Good luck!!!!
 
Lorestan, Niladri:

Thanks for your encouraging replies.

I am going to begin looking into expungement of records. MY DWI happened in Texas. There expungement is not allowed if one is convicted (I was) or even sentenced to probation and completes probation (I had to do probation). SO I will see what other options are available.

By the way, if I use AP during re-entry, will that negate my H1B status and put me on EAD automatically? I hope not. 'Cause i am planning to extend my H1B for three years based on visa unavaiability (That woule be total of 11 years on H1B if I use all the three yrs!!)

Thanks again,

Santosh
 
I was in the same boat as well

santosh_30 said:
Lorestan, Niladri:

Thanks for your encouraging replies.

I am going to begin looking into expungement of records. MY DWI happened in Texas. There expungement is not allowed if one is convicted (I was) or even sentenced to probation and completes probation (I had to do probation). SO I will see what other options are available.

By the way, if I use AP during re-entry, will that negate my H1B status and put me on EAD automatically? I hope not. 'Cause i am planning to extend my H1B for three years based on visa unavaiability (That woule be total of 11 years on H1B if I use all the three yrs!!)

Thanks again,

Santosh
Click to expand...

I was on probation for three yrs and as soon as it ended I went to court and dismissed my case. You can DO it...
 
question

Hi all,

what if I have EAD and AP but do not have an H1B stamp on my visa. Can I have problems at port of entry?

Regards,

PH
 
You shouldn't have problem, as you can use AP to enter. If you have valid 797, you should be able to work with H1-B or EAD
 
although u could file for expungement, its probably not going to help you with your GC since u still have to mention that u were arrested. But later when applying for jobs and such, it might help you.
please do keep us posted how your interview/485 proceeds.
 
You must log in or register to reply here.
Top