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DWAI - Immigration problem? Criminal Law

Discussion in 'Immigration Issues' started by Newdui, Sep 14, 2007.

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  1. h1baspirant

    h1baspirant New Member

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    hello mafioso

    the more i do research the more nervous i get. now i am concerned that the way my plea deal was structured should not give me any troubles. My disposition says that one count of dui was dismissed and the other lesser count was amended to reckless driving. i plead guilty to reckless driving. the "suspension of my driver's license for refusing to take a breath test is being vacated." Is this supposed refusal to take the breath test a cause for worry? The fact is that I did take the breath test and by BAC was 0.09. I really want to get out of this.

    One more thing, what if I decide to not travel out of this country for 3 years? I changed from a F1 status to H1B status only on Oct 1st and I do not have a H1B stamped in my passport? WOuld that pose any problem?

    Thanks a lot for all your help.
     
  2. mafioso

    mafioso New Member

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    Response to your first post………..

    I don’t have information on physicians and visa related issues at embassies. Just call the consulate and find out what they would need and the procedure if you have a DUI. You can ask anonymously if you prefer to withhold your ID for now. They would let you know. This is one link about someone who had success in India in a similar situation……..read the thread carefully…………I also advised the guy at the time…

    http://www.immigrationportal.com/archive/index.php/t-153385.html

    Most consulates have the same practices but some give you a better chance…….can’t explain here but overcrowding tends to lead to more rejections. I personally would advice you on Mexico compared to India. But know none guarantees the outcome. The problem with you going to Mexico is could take a while to get it approved. I know of people who had to wait for 45days………..So, it is your call. Most people who are arrested of DUI are fingerprinted. Getting a visa does not mean you were not fingerprinted. Some states or counties might not have fingerprinted for a few reasons. Most are……. You stand the same chance as those who were convicted who got visas. Anyone who has ever been arrested has an FBI report in the system even if they were not fingerprinted. Your info on Driver license, age, race, etc is enough to get an FBI profile of you. You can get details on the disposition of your case from the county court clerk’s office. You can even call and order it by mail in some counties.
     
  3. mafioso

    mafioso New Member

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    Response to your second post………..

    Your most recent post is giving information you did not give me before. You should always give accurate information to the smallest detail so as to get the best advice. From what I read now, you did not just have a DUI reduced to reckless driving. You had two counts and refused to take a breathalyzer test. That would definitely not play well. The police report which is one of the things you need to take to the embassy might have more damaging information. Sometimes it is not the DUI which leads to the denial of the visa but the behavior or lies told by the person to the cops…… The consul will be looking at things like if you accepted your fault and cooperated. So it is not a one size fit all.

    You can wait and travel only when it is necessary to renew or mandatory. You don’t need to travel to renew if it is not mandatory at this point.
     
  4. h1baspirant

    h1baspirant New Member

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    mafioso

    I did not lie to the police and I took the breath analyzer test. The police report also mentions this and mentions my bahavior as cooperative.

    The two counts were -

    1. Operating with more than 0.15 BAC. My BAC was only 0.09. My attorney said that this 'had' to be dismissed. He said police always do that but its not a correct charge in the first place. This was a class A misdemeanor.

    2. The other charge was a Class C misdemeanor (per se). This charge was amended to reckless driving and I plead guilty.

    When my attorney informed me that he had worked out a reckless driving deal for me, he did not mention to me that the disposition will say that I refused to take a breath test. I came to know of this only when I got the letter in my hand.

    Is there any way I can projectc this to the VO? May be a letter or something?

    Please do not misunderstand me. I never lied and will never especially in immigration matters.

    Thanks
     
  5. mafioso

    mafioso New Member

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    What is VO? Just to make sure....?
    Give me more details on what the class C misdeneanor was about?
    There is a way to vacate the deal but give me more details on the questions above so I can better advice you......
     
  6. h1baspirant

    h1baspirant New Member

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    VO is visa officer.

    Details about the Class C Misdemeanor -

    Indiana DUI Law
    Driving Under the Influence Offenses
    First Offense with BAC .08 - .15
    This is a Class C misdemeanor with a maximum jail term of sixty (60) days.

    The reckless driving I plead guilty to was a class B misdemeanor again with a sentence of 60 days. I opted for this since there was no probation, which in the DUI case would have been for one year. Also, I felt impulsively that reckless driving is better than DUI.

    Let me know if you need more details.
     
  7. mafioso

    mafioso New Member

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    The VO would believe only in the court papers and reports. They would not care about your opinion. The fact on the plea that you refused the test is not good. But if the police report does not say that, they might let it fly. You can't predict what will happen. But you are protected by the petty crime exception. You just have to pray for the best. The other way is to appeal the plea due to the effects it can have on your immigration status. Pleas are hardly withdrawn by a judge. But in a case like your, it is possible since it could send you back home. However, I know you offense is protected by the petty crime exception. Withdrawing a plea can take up to a year and is very complex and needs new legal fees............Just pray and hope for the best as you work on getting your visa.
     
  8. h1baspirant

    h1baspirant New Member

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    mafioso

    one quick thing..as i mentioedn to you I ran my fbi check and that did not have the disposition details. I have contactedd the arresting agency to update fbi with the disposition. do you think this will be a bad idea? I can ask them to may be stop and not do that for a while.
     
  9. mafioso

    mafioso New Member

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    There is no problem with that. Just get court certified copies of all statements and court papers in your file........and plea.
     
  10. h1baspirant

    h1baspirant New Member

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    mafioso
    thanks for replying patiently to all my queries. i will keep you updated.
     
  11. mafioso

    mafioso New Member

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    Anytime........We are here to help!
     
  12. h1baspirant

    h1baspirant New Member

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    Hello mafioso

    Mexico for H1B stamping is turning out to be extremely cumbersome. I called the consulate but they said that I first need to apprear for the visa interview. I cannot fix the physician appointment in advance. I cannot imagine being stranded in a foreign country for days. Can you tell me why it takes 40-45 days for the clearance? Dont they have electronic fingerprint processing in Mexico?

    Can you please try to find this out from your sources. I do not know where to look for this information. I even wrote to the Mumbai consulate about this but they replied saying that I need to come there personally to get this query answered? Can you without much effort try to look up what visa statistics are looking like in India for DUI / reckless driving related cases.

    Thanks.
     
  13. mafioso

    mafioso New Member

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    I don’t have such statistics…………it would be almost impossible to get. They would normally not give you such information about what people in your situation would face or even predict the outcome if you are not there in person. As I said, you might not need a doctor……..the guys I know did not need one…..who knows laws change. They handle each situation on case by case bases and don’t guarantee anything in advance. The embassy in Mexico has all finger printing facilities for background checks……….All US embassies log into the same state department system to process all info. It took a couple of people I knew two weeks to 45 days……….I guess it is because they run a more thorough BG check via the court the cases were disposed……….I really don’t know. They only told the guys they needed some info from the US before giving approving their visas. You can use India if you are concerned about getting stranded in a foreign country.
     

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