DUI Arrest but no court case & VISA stamping (Immigration)

Asked about 1 year ago - Portland, OR

Please help me here,

I got arrested in December 2012 for 1st DUI & Reckless driving, Police took breath analyzer test and got BAC 0.12. They took my finger-print and gave me court arraignment date few days after arrest, when i appeared in court, court official said no record or paper work for me. Till date I didn't hear anything from them. Police officer told me that he'll write good report of me.

My Car Tyre got flat and police pulled me over that night, No accident no injury. I requested "Court report" & "Police report", court record says no record found and Police report stats my two charges.

I'm planning to go out of country in coming months and need to do my H1B VISA stamping done, will VISA stamping be a problem as I have only arrest record but no conviction or pending court cas

Attorney answers (5)

  1. Richard E Oberdorfer

    Pro

    Contributor Level 12

    16

    Lawyers agree

    Answered . Do NOT call the court, do NOT call the DA's office. Get into a good DUII defense lawyer's office, NOW. I've had clients "revive" a lost case by contacting the goverernment. DUII, with a .12 breath test, is a serious deal.

  2. Daniel Patrick Hanlon

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . You still must answer all questions truthfully when applying for your visa. When you acknowledge that you have been arrested the Consul will request to see the documentation regarding the outcome.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    10

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Before you leave the U.S. contact the Court of the Criminal Court where the DUI case was adjudicated, according to you, and obtain a final Criminal case disposition then show that record to a practicing immigration assessment for further review whether anything needs to be done at present.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Kyndra L. Mulder

    Pro

    Contributor Level 20

    12

    Lawyers agree

    1

    Answered . It is very possible that the state did not file charges against you. It is also possible that your case was lost. I strongly suggest you have this looked into by an experienced criminal attorney before you leave the country as you may be denied the visa stamp or be denied admission into the USA.
    As your case is now you must answer, "yes," to the question; Have you ever been arrested. When you answer, "yes," there will be additional questions and you need to know how to answer them. You may be required to produce a certified copy of the final dissolution of the case. This could be a certified letter from the state that charges were not filed against you.

  5. Andrew M Kohlmetz

    Pro

    Contributor Level 7

    6

    Lawyers agree

    Answered . I agree that you should not call the court or the district attorney. Call a good DUII lawyer. The charge can revive anytime within the statute of limitations of two years. One year after the arrest you may also qualify for expunction of the arrest record, but again you must discuss this first with a lawyer!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,244 answers this week

3,208 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,244 answers this week

3,208 attorneys answering