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

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

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Asker

Posted

But how will I get Case disposition, as no case if filed yet ? Can you please help me understand here ?

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Seek further assistance from an Oregon licensed traffic counsel who could further investigated that your Oregon case was completed without triggering any Warrants or conictions.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

convictions that is.

Asker

Posted

I heard, Oregon state has 2 years time to file case. I'm afraid If i request case disposition, they go against me and put charge on me.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Seek further assistance from an Oregon licensed traffic counsel who could further/ Which part of that statement is not clear?

Asker

Posted

Is Oregon licensed traffic counsel different from Oregon criminal attorney ?

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Same thing.

Asker

Posted

Thanks a lot.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

You bet.

Asker

Posted

Sir 1 last question, If i request Case disposition will they give me (As 2 years time they have to file a case), will it leads to put charge against me. (I'm assuming they are not putting any charge on me now)

Posted

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.

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Asker

Posted

Thanks so much for response, But how will I get case disposition letter, as no court case filed against me, and I heard Oregon state has 2 years time to file case. I'm afraid filing case disposition goes against me, please suggest.

Posted

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.

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Asker

Posted

I just have the arraignment letter & Official release paper. (I requested Court document & Police report separately for my records) Can you please tell me which other records you are referring here, I don;t have any court document, as no arraignment.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Excellent point.

Asker

Posted

Please help sir.

Posted

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.

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Posted

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!

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