Criminal Law Permanent resident with Potential 2 misdemenaor charges

[softvirgo]

Hey Guys

I hope I can find some help here. I have tried lots of internet sites but all in vain. ANyhow here is the situation.

I was convicted for Public intoxication 647(f) charge in may 2005 . I didn't get any probation there was no fine and judge gave me 1 day already time served. It is not a CIMT nor aggravated felony just a misdemenor.

At that time I asked from arresting authority and also from court clerk and they said it is not a reportable offense and it won't go to DOJ.

Unfortunately last week I got arrested for DUI i blew 0.08. thats just the legal limit. I was only having 2 beers and I also had cough syrup 30 mins back. So I am going to fight for this charge.

But at the worst case if i gets convicted for DUI then what would be the possible outcomes i can see from immigration point of view.

Question 1:- I don't think that they will deport me based on this crime.but I am planning to go to India for my mom operation in winter. Do you think that I would be having any problems in coming back to US.

Question 2:- As i wrote earlier while coming back if they swap my green card how many convictions they will find. if public intoxication is not a reportable offense so is it possible that it won't come up there and only DUI will come.

As I am not convicted so please also suggest me that if these going to impact my immigration status very very severely what kind of reduced charge I shhould plead to.

Please help.

 

[softvirgo]

Please help !!!!!!!!!!! Any key players

Hello Everybody and specially NYCLEX

I have seen lots of replies from you over here. please have a look at my problem also and reply me back.

I am in great tension.

Hoping for reply !!!!!!!!!!!!!!!

Regards

 

[NYClex]

Well, let me set some things straight: Federal immigration law does not care if a state considers a crime "reportable" or not. If the Federal Government knows about it, it will count.

But, may be you misunderstood the guy. May be he said "deportable."

Now the good news: Both of your crimes (as long as this was a simple DUI with no prior) usually are not being considered crimes of moral turpitude.

A resident alien is deportable if he is convicted of two crimes of moral turpitude.

So you should be in the clear, but I guess you should get a handle on the alcohol problem.

 

[softvirgo]

I already gave up drinking

Hello Sir

I already gave up drinking and for this mistake I am going trough lots of family crisis and lots of financial crisis is on its way.

Thanks a lot for your reply. Please answer one more question:-

If I want to go out of united states and want to come back , Is there any problem on that. I am pretty sure that both of these are not CIMT and it was a simple DUI and there was no prior.

What at the worst I can face at POE.

Please help.

Regards

 

[softvirgo]

NYCLEX or any other attorney please reply

hello Sir

Thanks for your last reply but my last question is that can I go out of united states and can come back without any hassles. whats the worst i can face at POE.

Please reply.

Regards

 

[NYClex]

as long as there are no outstanding warrants for anything you should be ok, though I would not advise to leave the country until all court proceedings are disposed off.

 

[softvirgo]

If I leave after court

Hello Sir

If I leave after court decision and after paying fines and attending AA classes which I am expecting in this if i get convicted for DUI then according to u it is fine.

Am I right????

 

[NYClex]

Once everything is settled and it is clear that you are not deportable because this was not a conviction for a crime of moral turpitude, then you should not have any problems travelling.