Worried Sick....please advise

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Chupaka

Registered Users (C)
Hello everyone...
Im on a Conditional Green Card ( Through my wife [AMC]) which was issued just last Feb...

I was in North Dakota on a work related visit sometime during the second week of this month...and I got arrested for DUI...a friend bail me out that night....This is my first offense, no accident or injury...no past criminal records...just a couple speeding fines in 2004...

I got a lawyer and all ...and the procecuter will not reduce it....
I havent been convicted yet...but Im looking at 30 day suspended, $500 fine and 90 days license revoke and a chemical evaluation....

Ive been worrying myself sick ...

could someone please advise how this will impact me now or when i apply to get the conditions removed...
....please advise
 
Well, I would't worry about it much... What's done is done, right? DUI is a minor felony, so it is not the end of the world. I don't personally think that you will encounter huge problems with the removal of conditions, although it can be mentioned when you are applying for citizenship... Just make sure that all fines are paid and community service is served.
Good luck!
 
Dani said:
Well, I would't worry about it much... What's done is done, right? DUI is a minor felony, so it is not the end of the world. I don't personally think that you will encounter huge problems with the removal of conditions, although it can be mentioned when you are applying for citizenship... Just make sure that all fines are paid and community service is served.
Good luck!
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hi Dan...thanks for replying.... is first offense DUI a misdemeaner or a minor felony ? I will definately pay all the fines and do the community service...

I havent been able to sleep properly since the day I was arrested for it....do I need to let my lawyer ( who previously filed for my H1 and Adjustment of Status ) know right away...or I dont need to notify her till its time to apply for the conditions to be removed....

I have really learned the hard way...and lost quite a bit of sleep on it...
I definately will never do it again in my lifetime..I know that for sure

thanks again..and please advice...take care all
 
Chupaka said:
hi Dan...thanks for replying.... is first offense DUI a misdemeaner or a minor felony ? I will definately pay all the fines and do the community service...

I havent been able to sleep properly since the day I was arrested for it....do I need to let my lawyer ( who previously filed for my H1 and Adjustment of Status ) know right away...or I dont need to notify her till its time to apply for the conditions to be removed....

I have really learned the hard way...and lost quite a bit of sleep on it...
I definately will never do it again in my lifetime..I know that for sure

thanks again..and please advice...take care all
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Ooops, it's misdemeaner, I belive. Sorry for the wrong terminology. About notifying your lawyer - it's really up to you. I would tell her right away though, may be she'll be able to perform some “lawyer” magic...
However, don't be stressed out. It's not that bad, really.
 
That depends on the state that you are, every state is different and some consider a misdemeanor or something different.

But don't stress out, just get your court papers and all that in any case they ask about it. Relax...just don't drink and drive...worst things can happen even if you think that you don't feel dizzy.

Actually there have been people with DUI and go to the interview and they ask for the court papers. Is not that some of them overlook that fact but is not taking as much as drug or something related. And it is your first DUI so that can take in account, is not like you would have 3 DUI...like a record ;)

Take care,
 
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Thanks for all the replies....I think it is a misdeameaner in North Dakota....

I will make sure i have all the court papers when the time comes ....

if there is anything else i need to do in the mean time please do let me know...

take care all
 
Not sure

I am not really sure about this, but some crimes can be a problem even if they are NOT a felony. A felony is certainly a trouble but misdemeanor can also be a problem if they constitute a crime of moral tripute. The best think to do is consult both a immigration and criminal law attorney.
 
hey man, I am in the same situation, i got DUI and was worried jsut like you, i havent been convicted yet either but looking at the same stuff as you and Ive been reading a lot about it here (by the way there are a lot of topics like this here, just search) and it does not seem that anyone had some problems with INS becuase of that.
 
@jjbbkk thanks...yeah now that ive been reading lots and searching it helps a little...

sultan100 said:
misdemeanor can also be a problem if they constitute a crime of moral tripute
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Hey Sultan...correct me if im wrong but doesnt a crime of moral tripute happen when you have criminal intent to harm etc....or when you steal shop lift ?? I hope so :confused:
 
As far as I know a DUI is a misdeameaner in every state. If you have 3 DUI, then it becomes a feloney is just about every state. If it's your first DUI you need not worry too much, as long as you comply with the court order.

If you are called for interview for I751 then you must have certified copies of court documents to show them and it shouldn't be a huge deal.

Just get some sleep and stop worrying about it. There is no point thinking and worrying too much about the past. Just make a point of not getting into trouble or doing something stupid again and you'll be all right.
 
twopac3 said:
As far as I know a DUI is a misdeameaner in every state. If you have 3 DUI, then it becomes a feloney is just about every state. If it's your first DUI you need not worry too much, as long as you comply with the court order.

If you are called for interview for I751 then you must have certified copies of court documents to show them and it shouldn't be a huge deal.

Just get some sleep and stop worrying about it. There is no point thinking and worrying too much about the past. Just make a point of not getting into trouble or doing something stupid again and you'll be all right.
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Thanks...that makes me feel better...
take care
 
Chupaka said:
@jjbbkk thanks...yeah now that ive been reading lots and searching it helps a little...



Hey Sultan...correct me if im wrong but doesnt a crime of moral tripute happen when you have criminal intent to harm etc....or when you steal shop lift ?? I hope so :confused:
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Just like I said I am not sure, but from what I understand the term 'moral tripute' is not clearly defined as to what is included in the list and the term has been an issue of some court cases because it could be the deciding factor between deportation and staying here. If I remember right I think there was a case that went to Supreme Court also, regarding wether DUI is a crime of moral tripute or not. Again, it is a controversial topic and it is better to talk to the lawyer and be sure, then be sorry, bcz once the person is convicted there is not much you can do to stop going into the deportation proceedings.

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Don't take my words....I am not a lawyer.
 
I wouldn't worry about one DUI conviction. Moral tirpute crimes are different than DUI crimes. I would definetely consult with an attorney since I am not sure but I have friends who made the same mistake you guys did. There were instances where the USCIS has interpreted three DUIs as ground for deportation. Best thing to do to get completely out of it is obtain a suspended sentence. Suspended sentences means that if you comply with the provisions of your parol, you won't have a conviction on your record. I've heard of other tricks such as sanitzation of the conviction. Change hte wording of the plea bargain so it won't be an immigration offense. One thing I should caution you about is when you file for immigration benefits and theyask if you've been arrested that the most stupid thing that you can do is not disclose the arrest. They have these things flashing on their computers before you even send your application to them in the mail.....get an attorney to help you out.

sultan100 said:
Just like I said I am not sure, but from what I understand the term 'moral tripute' is not clearly defined as to what is included in the list and the term has been an issue of some court cases because it could be the deciding factor between deportation and staying here. If I remember right I think there was a case that went to Supreme Court also, regarding wether DUI is a crime of moral tripute or not. Again, it is a controversial topic and it is better to talk to the lawyer and be sure, then be sorry, bcz once the person is convicted there is not much you can do to stop going into the deportation proceedings.

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Don't take my words....I am not a lawyer.
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Thanks everyone for your help and support back when I needed it most. Well just wanted to write on here and post an update, give my 2 cents back to this great forum...and help someone else that may be in a similar situation.

I had consulted attorneys in my area ( Minneapolis-St-Paul) and told them about my situation. Both the attorneys I contacted advised me against applying for naturalization saying that it will get denied outright.

Then I consulted my immigration attorney from Tulsa who had filed all my previous applications ( H1-Green Card )..She did a lot of research and told me there is a slight chance it may get denied...but she promised to put a solid package together for me..She said incase it did get denied, she would appeal...

She asked me to collect Letters from people giving testimonials about my good Moral Conduct. So I did, I got one from my neighbors, my previous 3 bosses, my mother-in-law and from a friend. My attorney compiled all this, plus past precedence of cases and outcomes she had researched, plus a cover letter on top, being up front about the DUI ..and arguing my case how this would not be a CIMT.

If I remember right.. she filed sometime in August 2009... I got my interview in November 2009... At the interview the IO asked me briefly about the incident..then asked me if I had other violations such as speeding tickets...I said yes....asked me if they were all paid.. and I said yes...
The IO gave me a letter that said " Recommended for Approval " .. and said if he needed anything additional to prove that I completed all my court ordered sentence..then they would contact me.. otherwise I would get another letter for the Oath Ceremony.. ( I did have all the documentation already attached with the application that showed my court ordered stuff completed )

I recieved an Oath letter and took Oath on June 2nd 1010 and became a proud US Citizen.

Thanks for all your help everyone.
 
OP, the lawyers took you for a ride. Just one DWI is nothing to be worried about. However, one DWI, along with another questionable conviction such as theft or battery would be concerning. You could have just filed yourself - but I am sure you don't mind the satisfaction you got out of having a lawyer.

However, PLEASE STOP DRINKING AND DRIVING. You could have killed someone that night.
 
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