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On H1B arrested for DWI/Refusal - court appearance pending

Discussion in 'Criminality' started by pankaj_patel, Feb 26, 2012.

  1. pankaj_patel

    pankaj_patel Junior Member

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    Hi Ron,

    I changed status from L1 to H1B in 2011. I was recently arrested for DWI and given tickets for DWI and refusal to a breathalyzer test. The details of the event are below :-
    1) Arrested in the parking lot of a pub (had not moved the car)
    2) Taken to police station and refused the breathalyzer test (actually i took the test but refused to have it on record as the test was not administered at the point of arrest and as I was not allowed to speak to a lawyer). In retrospect, I realize it was very stupid of me to be argumentative and reason in that fashion but at that point I really thought that the law required the officer to administer the test at the point of arrest.
    3) Court hearing is in a few week s time - so have not been convicted yet.

    My DWI attorney is working on the case but asked me to seek advise on how this will impact my immigration chances. I am yet to start the processing for GC. Can you please help me ? Is there anything my DWI attorney should watch out for / avoid while preparing a defense strategy?
    What are the consequences of this event in the context of immigration in the scenarios that I am convicted / not convicted?
    What documents should I retain from the proceedings for use during the immigration process in the future?

    I have been vastly helped by your advice in the past and look forward to the same now.

    Thanks,
    -pankaj
     
  2. just_curious

    just_curious Member

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    Re: On H1B arrested for DWI/Refusal - court appearance pending

    I remember my friend was also in the same boat as yours. give me your details. I can ask him to call you... good luck with your process..
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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  4. smartstudent

    smartstudent Junior Member

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    Re: On H1B arrested for DWI/Refusal - court appearance pending

    My wife is a student at a local community college. She had been attending classes there on an F1 visa and I have been on an F2 visa. On January 23, 2012 she took a leave of absence to travel to India due to her grandmother’s ill health. I was still living in the United States while she was visiting India. When she returned on April 5, 2012 she ran into trouble with USCIS. She was interviewed by a USCIS agent and informed that her I-20 had been terminated. The interviewing agent also confiscated her I-20. After three hours of speaking with agents she was able to explain the situation to them thoroughly and able to gain reentry under the condition of submitting the appropriate documents to USCIS within 30 days. She was also provided a form I-515 attached to her I-94, which she was asked to submit along with her I-20 which the college is supposed to reissue within 30 days of her arrival into the United States.
    Following her entry into the United States, we met up with college authorities at the International Student Office to explain what had happened at the port of entry. A couple of days later, she was informed that the college’s and USCIS’ interpretation of ‘leave of absence’ appears to have a variance which the authorities at her college were unaware of. She has two choices: either she leaves the country or applies for reinstatement of her I20. I am told that because I am on an F2 my status is dependent on her and I too will have to file the I539 for reinstatement.
    We now have to file form I539 for reinstatement of I20 for my wife and myself since I am her dependent. However, I have 2 DUI convictions of which the most recent one was in Feb 2012. The form I-539 asks if any person on the application has been arrested. I have to reply in the affirmative about it. Should we provide documentation about the arrest and supporting documentation to show that I am following through with the terms of my DUI conviction such as DUI classes etc. Is there a chance the I-539 will be denied? What are our options if the I-539 is denied? Is there a chance they would approve my wife’s reinstatement and deny mine? My daughter is a US citizen, is that of any advantage to our situation?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: On H1B arrested for DWI/Refusal - court appearance pending

    You have to disclose the arrests. I doubt that you will have a problem, however.
     

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