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When I fill an application and it asks, "have you ever been convicted of a crime" should I say no/ yes

New York, NY |

My DWI reduced to a DWAI in New York. DWAI as I have read is not a crime.

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Attorney answers 6

Best Answer
Posted

It is not a crime, you say no, but say yes to the arrest question.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

I was actually referring to a job application. So does the "no" still apply. Sorry for the confusion

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Yes

Posted

Always be truthful and forthcoming. Immigration WILL find out everything on your record, and if you lie on your application, it may be deemed fraudulent conduct or misrepresentation, which in their eyes is a lot worse than having a DWAI.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Asker

Posted

I was actually referring to a job application. So does the "no" still apply. Sorry for the confusion

Gunda Johanna Brost

Gunda Johanna Brost

Posted

While it may not be a crime - again, I agree that you should consult with an immigration attorney who knows about criminal law in your state to determine that precisely - you should disclose your record on the application - i.e. if you were arrested and it asks if you were, you must truthfully answer the Q.

Posted

it is a serious traffic infraction, thus answer "yes" to arrest. Because you are dealing with legal terms, "violations" vs. "crime" and to avoid bad moral character, hire an immigration attorney to represent you.
We are serving NYC, if you are interested you may contact us at (212)880-1538

The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016

Posted

Simply answer the question asked. If you have questions as to whether it is a crime, consult with an Immigration Attorney in your area. Otherwise, you can answer yes, and explain with an "addendum". Be certain to obtain the court records and/or any other information related to the case.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

Driving While Impaired is not a crime.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

DWAI is a violation not a crime. DWI is a misdemeanor and a crime in NYS. I took the liberty of posting under employment instead of immigration category.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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