Public Intoxication


Galtihogayi

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All I see is DUI issues on this forum. I have a public intoxication, the charge was dismissed after community service in college.

Is this a CIMT?

Will I have issues in OPT extension? (My post completion OPT was issues with arrest)

Is there any part of H1B process where you have to declare arrest history? 

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7 hours ago, Galtihogayi said:

All I see is DUI issues on this forum. I have a public intoxication, the charge was dismissed after community service in college.

Is this a CIMT?

Will I have issues in OPT extension? (My post completion OPT was issues with arrest)

Is there any part of H1B process where you have to declare arrest history? 

I'm not an attorney. It's a very minor charge. It's more than a parking ticket but much less than a DUI. If you did community service you must have been convicted or placed into alternative sentencing (that's the same for immigration purposes). Public intoxication is NOT a CIMT and will probably have no impact on your immigration benefits. However, there are two concerns you should note:

(1) You must disclose it on any future forms or interviews if asked about any criminal history (visa stamping, GC, citizenship, etc). I don't think that you have to do so for H1B process within the US, but probably you'll get this question when applying for a visa at a consulate (the stamping). Disclose the case and provide any documents that you have. For OPT extension I think (not 100% sure) you don't have to disclose it. But, again, use common sense. If asked, by all means, you must disclose it. 

(2) While public intoxication (PI) is a very minor offence, it is still considered an alcohol-related charge. So your medical status may be affected if you have more than one of these. A single PI will have no consequences, neither criminal nor medical. However, make very sure you don't get another alcohol-related charge (PI or DUI) because that could potentially make you inadmissible on medical grounds (alcohol abuse). 

Overall, this single charge is nothing to worry about as long as you disclose it when asked. 

 Again, I'm not a lawyer. 

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