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Working on H1 B was charged with DUI but getting it reduced to reckless driving withhold adjudication

Des Plaines, IL |

I am working on H1 B and was charged with DUI in pasco county, FL. But got a plea offer from prosecutor of reckless driving with adjudication withheld. I need to pay only the court cost nothing else. I am ready to accept the offer. But I want to know the immigration effects before I proceed. I want to go back to India for marriage and need to go for stamping then. I have a valid I94 till 2014. If I have all the paperwork can this still be problem?

Will I still be given a 221-g and will I need to go through medical supervision for alcohol?
Please advise.

Attorney Answers 5

  1. Don't take any 'deal' without meeting with a local immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

  2. An adjudication withhold is the same as a guilty plea. Hire a criminal defense attorney with knowledge of immigration law to advise you. Maybe try Art Rios or Mary Kramer. You've invested too much to risk it not getting great advice.

    This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax

  3. Definitely meet with a lawyer before accepting any deals. Sometimes, a misdemeanor for state purposes is treated as a felony for immigration purposes. You want to make sure that you don't adversely affect your visa. Good luck.

    This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.

  4. You definitely are at risk for 221(g). Whether or not you are convicted, they very well might determine you are an alcoholic. Better to complete all treatment for alcoholism [regardless of whether you are actually an alcoholic] and show one year of no alcohol problems, and you have a better chance.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  5. A single offense of driving while intoxicated can result in 221(g) but multiple offenses are almost certain to result in this. I hope you refrain from driving under influence in the future.

    In order to properly advise you, an attorney would have to take into consideration your immigration and criminal history.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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