Charged with DUI with Careless Driving. Is my dui an aggravated dui from immigration perspective ?:
Recently i was charged with first DUI (bac: 0.16+) and Careless driving. Apart from this there was no other factor involved e.g. no accident, no minor child, no speeding etc. I was arrested, taken to hospital for blood test and then officer dropped me to my apartment. This took place in Pittsburgh, PA. On CBP website its mentioned that one DUI doesn't make anyone inadmissible. But i don't know if mine is simple DUI or aggravated one. I have a DUI lawyer but he doesn't have much idea about the immigration laws. Lawyer said because of first offense i'll be recommended into a diversion program (ARD) which is not a conviction and after fine and probation the records will be expunged. I know that from immigration purposes nothing gets expunged and its always accessible by CBP.
Does my DUI will be counted as aggravated DUI in terms of immigration purposes or its also a normal DUI ? I am here on a valid visa and don't have any other law violation. Any advice will be appreciated.
Hassan’s answer:
First, it will be important to ensure the ARD is not a conviction for immigration purposes. That is only possible if there is a procedure in PA to do what we call a "Crespo disposition" in Virginia - where you remain silent, and do not admit guilt, nor plead no contest, nor admit facts sufficient to warrant a finding of guilt, and then let the Court take its action. Any other way, and it will likely be a conviction for immigration purposes. You should ask a PA lawyer whether ARD is a conviction under INA 101(a)(48) or if there is a way to construct (as we do here in Virginia) an alternative disposition that would NOT be a conviction under 101(a)(48).
A 0.16 BAC - though high - isn't aggravated by itself - but much will depend on the final disposition. It's the disposition that triggers immigration consequences, not the underlying charge.
I'd recommend you contact a crimmigration attorney (one who knows both criminal and immigration laws - these are very specialized) and allow them to work with your criminal defense lawyer to see what creative methods of disposing of your case can be created. If you can avoid a conviction for immigration purposes AND state law purposes (via the ARD) that would be best. If not, the actual statute must be researched to ensure that it will not trigger a CIMT or other analysis that could lead to inadmissibility.
Do not rely on the CBP website.
I am filling i131, is that the correct form for my situation ? : Husband having hard time adjusting to being without me. Need to be with him to care for him for an extended period of time. I have already gotten the reentry permit once. I am applying again. Am i filling out the correct form (i 131)? Is there any way i can expedite it so i can leave the country in 3 weeks? Is there something else i should do?
Hassan’s answer: Please remember that a REP is not a guarantee of re-entry.
How Do I file a FoIA. I want to do it myself. I need a copy : my mom(a citizen) petition me on 2012, I was with a HB1 Visa, I am 28 years old never married I lost the copy of the the filing approved copy . I need it. And is there any chances I can get a resident card if I stayed over the period of my HB1 , I'm still waiting for any documents, I received on 2013 that hey still time to wait. Will I get approved for a green card even I'm here already?what are my chances of getting it
Hassan’s answer: Easy to file a FOIA on Form G-639. Useless unless you know what you're looking at. Get a lawyer, please.