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  #1  
Old 01-22-2008, 01:05 AM
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Join Date: Jan 2008
Posts: 3

DUI impact on green card application/re entry into US


What is the name of your state? CaliforniaHello All,

I am on a UK citizen on a H1B which expires Feb 2010. I am about to file for a green card through my company.

I recently got a DUI in northern California. It was a first time offence with no other implications e.g. child in car, collision etc and I breathalyzed at 1.6. I was clearly guilty in testing over the limit with no circumstances in my favor. Could anyone please help with the following questions:

1. What are the chances this will lead to a green card refusal?
2. What is the best thing to plead at my first court appearance/arraignment so as to have minimal impact on my green card, ‘guilty’, ‘not contest’
3. Is there anything in the plea bargain I should or should not accept from the prosecutor so as to have minimal impact on my green card e.g. amount of fine, driving school etc
4. Are my medical records reviewed as part of the green card process where a doctor suggested I cut down weekly drinking due to a minor, now cured stomach problem.
5. I have a UK trip planned for a week 2 days after my first court appearance.
Will I still be able to renter the US as I will have to state a conviction on my I94. Or is it best to ask for an extension to appear in court after the trip when I have researched the immigration issue more.

Absolutely any input or advice would be really appreciated to help me to figure this out. Thank you so much.
  #2  
Old 01-24-2008, 02:48 AM
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Join Date: Jan 2008
Posts: 11
Sorry, but you really do need a lawyer.
  #3  
Old 01-24-2008, 08:15 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,818
YOu want to recheck that breathalyzer as it was NOT 1.6 but maybe .16 ... you do need a lawyer however as that is double the legal limit and you are looking at harsher penalties than someone with JUST a DUI.

They also are NOT going to allow you to leave the country before your court appearance because the likelihood is YOU will not come back.

YOu are looking at an automatic license suspension. Did you take a blood test?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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