DWAI arrest and going to India for stamping

[vivekguddu]

Hi All,

I got a DWAI (Driving while ability impaired) ticket in New York which is not a crime in New York. I was arrested on July 7th, 2018 and y BAC level was 0.07. The final decision was made on Nov, 14th 2018 by the court says and the disposition certificate says

"Defendant pled guilty to Driving While Ability Impaired Sec 1192.1 VTL in full satisfaction of docket. Defendant was sentenced on Nov, 14 2018 as follow: Sentence to Fine $300 & $260 state surcharge, 1yr conditional Discharge, attend Victime Panel program".

I am going to India and will need to go to New Delhi Embassy to get the stamp, what should I answer to the question mentioned in DS-160 form

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

My current visa stamp was expired in Nov, 2018 so I might be eligible for dropbox.

if I say Yes then what documents I should bring with me, I only have disposition certificate.

Any suggestions, please.

 

[PayrollHRGuy]

The answer is "No". You were convicted of a traffic infraction.

S 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability
impaired. A violation of subdivision one of section eleven hundred
ninety-two of this article shall be a traffic infraction and shall be
punishable by a fine of not less than three hundred dollars nor more
than five hundred dollars or by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and
imprisonment...

 

[quincy]

I disagree with PayrollHRGuy. There was an arrest on an offense and a guilty plea and a sentence.

https://www.ilrc.org/sites/default/files/resources/definition_conviction_april_2019.pdf
See also 8 USC 1101(a)(48)(A):
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim
The disposition needs to be included.

I recommend you speak to an immigration lawyer in your area before filling out the form.

 

[FlyingRon]

Even though DWAI is an "infraction" that's an "offense" under the immigration law. Even without a conviction, I would recommend reporting it. Much better to disclose it than to be caught lying on an immigration form. The latter is much more serious and can result in a lifetime bar.

You should speak to an IMMIGRATION attorney, and make sure you have all the documentation you can scrounge up about the charges and disposition. I can guarantee that you will be asked to submit/present them at some point.

 

[quincy]

Honesty is far more important when answering questions than reporting an infraction will be.You do not want your report of offenses to differ from the criminal history records the immigration department will have.