dasherab Posted March 19, 2013 Report Share Posted March 19, 2013 Hi everyone, I was arrested for sleeping inside a car (in a parking lot) intoxicated (drinking). I have been cited with "Intoxicated person in or about vehicle". The officers understood my situation (I had no intention to drive - I was dumped by my so called friends at a parking lot when I kept telling them they were drunk and should not be driving). The officer didn't charge me with a DUI and my police record says my keys were not in the ignition. I have hired a lawyer to represent me to dismiss this case ASAP. If the case doesn't get dismissed right away, I am willing to pay the bail amount/ do community service etc. Nervously looking forward to the court date - but my attorney thinks i will be fine. So now my question is, I am going to Mexico (TJ - since it is closer for me) to get my H1b renewal visa stamped in Sept (I hope the case is expunged by then). I will NOT lie in my DS160 about my arrest. I will get a court disposition letter (hopefully) as well. Will I face any troubles in Mexico? Will there be any delays - if yes, anyone knows how long can it be? Lastly, my company is filing my Green Card around end of July/ August. I know the arrest record will cause some delay - can any one advise how much delay I am looking at :( Link to comment
t75 Posted March 19, 2013 Report Share Posted March 19, 2013 Expungement does not matter for immigration. No one can predict with certainty what effect a criminal act will have. Link to comment
dasherab Posted March 19, 2013 Author Report Share Posted March 19, 2013 Expungement does not matter for immigration. No one can predict with certainty what effect a criminal act will have. Any rough ideas at all? Link to comment
Attorney_25 Posted March 19, 2013 Report Share Posted March 19, 2013 Be sure you are properly advised by an attorney who is very experienced in criminal immigration issues. You may want to delay your visa appointment until after the final disposition of your criminal case. A minor charge, dropped, might not cause a delay in your green card process. You will need to provide complete information and documentation up front, at the time you file the I-485. Link to comment
dasherab Posted March 19, 2013 Author Report Share Posted March 19, 2013 Be sure you are properly advised by an attorney who is very experienced in criminal immigration issues. You may want to delay your visa appointment until after the final disposition of your criminal case. A minor charge, dropped, might not cause a delay in your green card process. You will need to provide complete information and documentation up front, at the time you file the I-485. I plan on providing every single bit of fact prior to I485 and during my H1B stamping. I need to go abroad for work in Oct and I plan to stamp my H1b visa 1st week of sept. I am just worried that I might get stuck in Canada/Mexico for a long time and loose my job. Link to comment
dasherab Posted March 20, 2013 Author Report Share Posted March 20, 2013 Any response is highly appreciated! Any paper works that I need/have to take with me? Am I in trouble? :( - I am devastated...I wasn't even driving :( Link to comment
t75 Posted March 21, 2013 Report Share Posted March 21, 2013 Speak with an immigration attorney. Link to comment
dasherab Posted April 15, 2013 Author Report Share Posted April 15, 2013 Speak with an immigration attorney. Hi all, I got my case dismissed today - explained my situation to the judge and he dismissed the case. Will it still affect my H1b Stamping and my green card processing time? Link to comment
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