Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
shabee

DWI/DUI and new USCIS Memo and consequences

Recommended Posts

On 7/15/2018 at 3:00 PM, HarminderSethi said:

 

For last point, Does it mean that after expiration of I-94 the person will be considered unlawfully present in the country even if the visa extension is filed and 240 days after i-94 expiration is not yet passed? or unlawful present status will start after 240 days past i-94 expiration date?

My I94 expiry date is 28th July, So my unlawful presence in the country will start from 29th July or once 240 days are passed after 28th July.

The unlawful presence would start after I-94 expiration. You have 240 days to get back in status without immigration consequences. But during the period of unlawful presence you would be removable. 

Share this post


Link to post

This memo only applies to aliens who are removable or inadmissible. Nothing has changed in terms of your status as a result of this memo. It only deals with ENFORCEMENT (deportation). Yes, so far, many (most?) aliens who have been removable have NOT been placed in deportation proceedings (no NTA was issued). This memo will expend the prioritization to many of these aliens. If you are in valid status and have not committed a crime that would ever make you deportable or a crime that would make you inadmissible before AOS, this memo has ZERO consequences for you.

A single DUI (a simple one, no one got hurt, etc) is NOT making an alien inadmissible nor deportable. But if an alien is already deportable, a single DUI charge (even with no conviction) will result in NTA being issued. 

(I'm not a lawyer but I did read the memo and that much is clear.)

Share this post


Link to post
On 7/6/2018 at 1:54 PM, shabee said:

A press release summarizing the memo explains that now the USCIS generally is required to issue an NTA to a person who is removable in the following circumstances:

  • Cases in which fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. The USCIS will issue an NTA even if the case is denied for reasons other than fraud.
  • Criminal cases in which an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. The USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before the USCIS without issuing an NTA.
  • Cases in which the USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.
  • Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

 

Again the wording says that the 4 cases apply to a person who is already removable. This begs a question , Was uscis not giving NTA's to people who are already removable due to some offense earlier , before this memo? very confusing....

Yes, USCIS has not been typically issuing NTAs to removable aliens. Even after this memo, removable aliens who do not belong into one of the listed groups will NOT receive NTAs. If you're not a deportable (or inadmissible in some cases) alien, this memo does not affect you.  

Share this post


Link to post
On 7/7/2018 at 9:16 AM, Badluckadi said:

As far as point no.2 is concerned, does that apply to dismissed or nolle prossed cases?  Does "Charged with a criminal offence" mean anyone who was previously charged or people who are currently charged with pending cases? That is very vague and troubling.

If you are removable alien, a simple charge with a crime is enough to receive the NTA. If you're in good legal standing, a charge with an offence can make you removable/inadmissible if you are convicted for immigration purposes only. 

REMOVABLE ALIENS should avoid getting arrested for anything or abuse any benefits if they don't want to receive NTA - that's basically all this memo says. 

Share this post


Link to post
On 7/8/2018 at 6:49 PM, Prad12 said:

Hi Shabee. I was arrested/charged with DUI/DWI on july 7th 2018. Will i receive an NTA? What did you lawyer say. Can you please elaborate.

Thanks

getting more depressed as time passes. 

Are you a removable alien? If not, stop panicking. DUI is not going to help you but it's not a deportable offence nor can it make you inadmissible. 

Share this post


Link to post
On 7/9/2018 at 6:19 PM, shabee said:

Here is what I think memo means as far as criminal cases is concerned...First of all it applies to removable aliens i.e If a h1b petition gets denied(for whatever reason it might be) and i94 is expired then if the applicant has criminal record(charged or convicted) , he will be sent a NTA outright , so no second guesses here...

the scary part is that before adjudication USCIS is supposed to refer the applicant to ICE if they find any serious criminal history. Which means if you have a serious criminal record then they will refer the case to ICE before adjudication...Dont know that ICE does with it...

I went through the actual policy memo and they categorized criminal cases in to EPS and non-EPS..EPS are some serious felonies which make a candidate outright removable. DWI/DUI comes under non-EPS..the question is if USCIS considers Simple DUI a serious crime. In the actual policy memo it says that USCIS should refer non-EPS cases that appear to be inadmissable or removable to ICE. Simple DUI is not removable but the tricky part is w.r.t inadmissable. DUI comes with automatic revocation of visa by the consulate. whether this case is considered inadmissable even with a valid i94 is the million dollar question. the other thing is  what happens if your application is already approved , will USCIS re-process those that are already approved.no idea..Only with passing time , will we able to learn the actual ramifications of this memo...fingers crossed.

No, DUI does not make you inadmissible (a simple one and the first one, that is). It can affect your visa but that's unrelated issue. Crimes that make you inadmissible are more serious, usually CIMT. If your I-94 is valid you've nothing to worry about re this memo. 

Share this post


Link to post
On 7/9/2018 at 9:17 AM, ADC10 said:

@Badluckadi, I have the exact question:

 

"or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability."

Does this imply that a  year-old dismissed case/dropped charges would be considered for an NTA/deportation too?

 

 

 

 

Yes, but only if those year-old dismissed charges would make you inadmissible/removable (i.e. convictions for immigration purposes - mostly aggravated felonies) AND if you committed ANOTHER crime while inadmissible/removable (even if that other crime was ultimately dismissed).   

Share this post


Link to post

Here’s a link that worries me:

http://*****************/623-how-an-arrest-can-lead-to-visa-revocation

 

Does this mean we should expect something negative in the coming days? Should I tell my employer’s Immigration attorney about the arrest truthfully during the application process? So many questions. 

Thanks! 

Share this post


Link to post
1 hour ago, ADC10 said:

Here’s a link that worries me:

http://*****************/623-how-an-arrest-can-lead-to-visa-revocation

 

Does this mean we should expect something negative in the coming days? Should I tell my employer’s Immigration attorney about the arrest truthfully during the application process? So many questions. 

Thanks! 

Hi ADC10, 

The link you have pasted did not get pasted to an actual URL. Visa revocation is an existing process that happens where the embassy will cancel the visa in case there was an arrest. Still you can continue to stay in US; but you can't use your existing visa to enter back; with which you entered last time - even if you have validity. You need to go through the medical evaluation process (depending on what you are arrested for) and upon clearing the exam and other things that VO looks - they will make a decision whether to issue the visa or not.

It is better to tell the immigration attorney about it; even if you are not - they will get to know during the H1 extension. 

 

Share this post


Link to post
5 hours ago, mrav85 said:

Hi ADC10, 

The link you have pasted did not get pasted to an actual URL. Visa revocation is an existing process that happens where the embassy will cancel the visa in case there was an arrest. Still you can continue to stay in US; but you can't use your existing visa to enter back; with which you entered last time - even if you have validity. You need to go through the medical evaluation process (depending on what you are arrested for) and upon clearing the exam and other things that VO looks - they will make a decision whether to issue the visa or not.

It is better to tell the immigration attorney about it; even if you are not - they will get to know during the H1 extension. 

 

I am unable to paste the link since it it getting filtered out. 

I fear if I tell my employer’s attorney about my dismissed case, I’d lose my job. 

My H1B extension is due on Aug 31, 2019. So I should start working in February. Should I tell them now? 

Also, a dismissed case plus a solid documentation and a first-time case could work in favor? 

Appreciate the help. Thanks. 

Edited by ADC10

Share this post


Link to post

Hi All,

I have read the memo clearly, this is only for people who are removable( meaning who are staying beyond there visa expiration date or staying here beyong there grace period after the petition has been denied)
This doesnt apply to everyone who has a DUI charge, you may get an NTA if your crime is deportable offence
DUI is not a deportable offence

Share this post


Link to post
20 hours ago, ADC10 said:

I am unable to paste the link since it it getting filtered out. 

I fear if I tell my employer’s attorney about my dismissed case, I’d lose my job. 

My H1B extension is due on Aug 31, 2019. So I should start working in February. Should I tell them now? 

Also, a dismissed case plus a solid documentation and a first-time case could work in favor? 

Appreciate the help. Thanks. 

It really depends on you. As you have to do your extension, it would be better to tell them now or at that point. Since the case is dismissed and if you have solid documentation to support the case - in my opinion there is nothing much to worry. I have had my extension in 2016 when I joined Full Time for my employer. I did mention about the incident at the time of hiring to HR, and attorney and it did go in my favor. I submitted all the documentation while they prepared the petition. 

Please reach out to an attorney; if you need additional clarifications. 

Share this post


Link to post

Guys this might be a temporary relief for some... just thought of posting...

Updated Guidance on the Implementation of Notice to Appear Policy Memorandum

Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.

Share this post


Link to post

Hi, 

I got DUI in CO in July 2016 when I was on F1 OPT visa (got an email saying Your visa has been revoked and is no longer valid for entry into the United States. You will need to obtain new visa). I got H1B visa now and it's approved. I have completed all the paperwork and served community service (everything asked by court and got driving license already in 2017). 

I need to go to India for H1B visa stamping this year. Is it safe to go to India for stamping? What care should I take to avoid the risks of visa being denied.  

Thank you so much in advance!

Share this post


Link to post
23 hours ago, Prabhu K said:

Hi, 

I got DUI in CO in July 2016 when I was on F1 OPT visa (got an email saying Your visa has been revoked and is no longer valid for entry into the United States. You will need to obtain new visa). I got H1B visa now and it's approved. I have completed all the paperwork and served community service (everything asked by court and got driving license already in 2017). 

I need to go to India for H1B visa stamping this year. Is it safe to go to India for stamping? What care should I take to avoid the risks of visa being denied.  

Thank you so much in advance!

When was H1b approved? did you get any RFE during approval process and which center adjudicated your application?

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×