Sunny

Hi,

I am an alien working in the US on a H1-B visa. I am planning to start my Green Card
process, However I am greatly concerned about an incident. I was arrested for a DUI
charge but i was not taken to jail but to a first chance program. I have never been
to jail. The court reduced my charges to wet and reckless since i blew a .09 . I was
sentenced a fine, 6 weeks classes and 2 years informal probation without suspending
my license. My record in the DMV shows as a reckless driver and not "DUI CONVICT".
Its been 7 months now and a clerk in the court told me that after completing my
probation time ie 2 years I can expunge my records My questions are
1. what effect will this incident have on my green card processing?
2. Do i need to answer a "YES" or a "NO" in the application where you are asked if
you have been arrested (Since I did not go to jail)?
3. will expunging my records benefit me in anyway?
4. Any suggestion wiil be of great help.

Thanks in Advance and all suggestion and concerns will be greatly appreciated

Sunny

Ed MacNeil

Hi Sunny,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

Inserting comments.

Sunny wrote:

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Probably none.

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Yes. You are legally required to provide full and truthful answers. You WERE arrested
even if you didn't serve time.

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You will still be required to provide truthful answers. You WERE arrested, even if
the conviction is expunged.

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You should be aware that DUI can be a very serious charge for a potential immigrant.
The DUI laws in at least two states have been determined to define a crime of
violence. A DUI conviction in these states would make you inadmissible. You really
"dodged a bullet" this time. Be very sure it doesn't happen again.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

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Sunny

Dear Ed,

Thanks for the reply. This is very encouraging. Which 2 states are we talking about
here? I live in California.. Is this one of the states determined to define DUI as a
violent crime?

Thanks a bunch Sunny

Ed MacNeil <[email protected]>
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[usenetquote2]> > Hi,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I am an alien working in the US on a H1-B visa. I am planning to start my Green[/usenetquote2]
[usenetquote2]> > Card process, However I am greatly concerned about an incident. I was arrested[/usenetquote2]
[usenetquote2]> > for a DUI charge but i was not taken to jail but to a first chance program. I[/usenetquote2]
[usenetquote2]> > have never been to jail. The court reduced my charges to wet and reckless since i[/usenetquote2]
[usenetquote2]> > blew a .09 . I was sentenced a fine, 6 weeks classes and 2 years informal[/usenetquote2]
[usenetquote2]> > probation without suspending my license. My record in the DMV shows as a reckless[/usenetquote2]
[usenetquote2]> > driver and not "DUI CONVICT". Its been 7 months now and a clerk in the court told[/usenetquote2]
[usenetquote2]> > me that after completing my probation time ie 2 years I can expunge my records My[/usenetquote2]
[usenetquote2]> > questions are[/usenetquote2]
[usenetquote2]> > 1. what effect will this incident have on my green card processing?[/usenetquote2]
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[usenetquote2]> > 2. Do i need to answer a "YES" or a "NO" in the application where you are asked[/usenetquote2]
[usenetquote2]> > if you have been arrested (Since I did not go to jail)?[/usenetquote2]
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[usenetquote2]> > 3. will expunging my records benefit me in anyway?[/usenetquote2]
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[usenetquote2]> > 4. Any suggestion wiil be of great help.[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks in Advance and all suggestion and concerns will be greatly appreciated[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Sunny[/usenetquote2]