GCnewbie2012 Posted January 24, 2013 Report Share Posted January 24, 2013 Dear Gurus – I have searched the forums for a question similar to mine and have not seen an answer. Thus I am asking this question in hopes of some expert advice… Here are the sequence of events: Got a DUI misdemeanor about a year ago, but completed all court requirements (classes, fines). However, may be on ‘probation’ for 3 years (I am not 100% certain and will need to confirm with my lawyer) Received my Green Card a few months ago through a USCIS face-to-face GC interview where I presented my DUI disposition documents from the court Traveled internationally for the first time after receiving my GC and was transferred to secondary screening (as you all know this can be a tedious, long-winded process). In this secondary screening, the IO (immigration officer) said he could see in the system I was arrested but could not see what the reason was. I told him it was a DUI misdemeanor and he proceeded to enter my answers into the system as notes, then allowed me to pass. I asked him if this would be a recurring issue in the future and he said it “might” be resolved in the future Second time I traveled internationally, same thing, secondary screening again. This time the lady IO in secondary screening asked me the SAME set of questions and added the SAME notes into the system. I asked if she could see from the system the notes from my previous entry into the country and she said YES. I then asked her why we were going through the same process again if she could see in the system that my arrest was a DUI. Here were her answers (and I would appreciate if the Murthy GURUS can confirm is this is true):I will have to go through secondary screening for the REST OF MY LIFE for as long as I am holding a GC and have an arrest record (even though it is only a DUI misdemeanor) – IS THIS TRUE? The reason for secondary screening is that the two systems (the one in the first screening and the one in the secondary screening) DO NOT TALK. So basically, in the first screening, the IO sees that I have been arrested, but it does not tell him the reason. So he has to send me to secondary screening, and the IO in secondary will have to key in the same information for each entry into the country. I said to her that it seemed like a non-value added step and she even replied that if the 2 systems spoke to one another, she would be out of a job! – IS THIS TRUE? Most important question for me is, what can I do to avoid secondary screening? Can I get a lawyer to speak with USCIS or department of homeland security to state in the system that my arrest is only a DUI? Or will expunging my DUI help in avoiding future secondary screening? Are there other options?? I would REALLY appreciate any advice you have on this matter as I travel quite frequently for business and this secondary screening is a huge burden since it often takes 45min -1.5 hours! Thank you very much! Link to comment
JoeF Posted January 24, 2013 Report Share Posted January 24, 2013 We don't know the USCIS systems, so nobody here can tell you if the systems in primary and secondary inspection are connected or not. Link to comment
Attorney_23 Posted January 24, 2013 Report Share Posted January 24, 2013 You may wish to file a complaint through the Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP): http://www.dhs.gov/dhs-trip Link to comment
t75 Posted January 24, 2013 Report Share Posted January 24, 2013 You should have worried about the consequences BEFORE you got behind the wheel of a car while impaired by alcohol. ( I have NO patience or sympathy with drunk drivers since I have had 2 friends killed by them!) Your inconvenience while traveling is a small price to pay to keep you from doing it again. Link to comment
GCnewbie2012 Posted January 24, 2013 Author Report Share Posted January 24, 2013 You may wish to file a complaint through the Department of Homeland Security's Traveler Redress Inquiry Program (DHS TRIP): http://www.dhs.gov/dhs-trip Thank you for your advice. Do you think it will be okay for me to complain about this? I guess I am wondering if ALL GC holders with DUIs get treated this way or am I the only one? Link to comment
GCnewbie2012 Posted January 24, 2013 Author Report Share Posted January 24, 2013 We don't know the USCIS systems, so nobody here can tell you if the systems in primary and secondary inspection are connected or not. Thank you, yes I understand. I am wondering if ALL GC holders with DUIs have to go through a secondary inspection? Or if I am the only one... Can anyone tell me if they have heard of similar cases? Link to comment
rbk Posted January 26, 2013 Report Share Posted January 26, 2013 Thank you, yes I understand. I am wondering if ALL GC holders with DUIs have to go through a secondary inspection? Or if I am the only one... Can anyone tell me if they have heard of similar cases? it wil vanish only when u became citezen Link to comment
Attorney_23 Posted January 28, 2013 Report Share Posted January 28, 2013 Thank you for your advice. Do you think it will be okay for me to complain about this? I guess I am wondering if ALL GC holders with DUIs get treated this way or am I the only one? No, CBP does not automatically send every GC holder with a DUI conviction to secondary inspection. There is generally no harm in filing such a complaint (and, if you do it on your own, there are no costs involved.) Link to comment
mitsu3000gt Posted February 4, 2013 Report Share Posted February 4, 2013 I had DUI 7 years back. I traveled atleast 15 times since then. I was stopped at secondary screening everytime I cross the border..and I was also told many times that, secondary screening will not be required once you become good citizen. I am on H1 now. Link to comment
Guest Noah Lotte Posted March 16, 2013 Report Share Posted March 16, 2013 File a complaint? Why? You were the one driving a car while drunk...something that most USC's have very little patience for....far too many people have been killed or severely injured by irresponsible drivers just like you. Link to comment
pot3llo Posted February 19, 2014 Report Share Posted February 19, 2014 Did anyone file the complaint and through the dhs.gov website and has stopped the second screening? Does file the complaint become an issue when you want to apply for citizenship? Link to comment
pot3llo Posted February 19, 2014 Report Share Posted February 19, 2014 Thank you, yes I understand. I am wondering if ALL GC holders with DUIs have to go through a secondary inspection? Or if I am the only one... Can anyone tell me if they have heard of similar cases? you're not the only one. Have you been successful in stopping the secondary screening on any of your int'l trips? Link to comment
H1BDui Posted April 24, 2014 Report Share Posted April 24, 2014 Hello All, I got a DUI in Jan 2014 - Court Case was finally done in April 2014. I will be going through the process now - Wanted to know when I can travel to India as I also need my stamping done. I would like to know your experience, DO's & DON'T etc. Any help will be greatly appreciated Thanks ! Link to comment
omshiv Posted April 24, 2014 Report Share Posted April 24, 2014 Dont Drink and Drive next time..what else? Link to comment
t75 Posted April 24, 2014 Report Share Posted April 24, 2014 Read the forum. This has been discussed numerous times. And if you plan to continue drinking and driving, DO NOT COME BACK. Link to comment
MaxM Posted December 25, 2016 Report Share Posted December 25, 2016 Hello there - i know that thread was opened a while ago and i do have a similar issue - my case was a dismissed and expunged dui. Im wondering if anyone knows of any case where you got an expunged arrest actually deleted in the way that you avoided the secondary screening process when clearing immigration at the port of entry - regards - Max Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.