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chaudhry123

advice needed.....i 751 and 2 dui's

By chaudhry123 in Removing Conditions on Residency General Discussion

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chaudhry123 Newbie

chaudhry123   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

First of all thank you all for taking out your time to read this.

I am happily married to a U.S citizen.I just filed i 751 to remove conditions.I have a 2 year green card.

I got my first DUI April 2013 in New York state.It was a misdemeanor.i have a Washington state license so I was legal to driver in other states.

I got my second DUI in the state of Massachusetts in August 2013.In the second one i ended up hitting a parked vehicle and luckily no one was injured except me.I was bleeding from my nose and the police did not arrest me and called an ambulance.The 2nd dui's case is still pending where i will be pleading guilty the next month.

I know what i did is extremely wrong and i don't have the kind of words to explain how sorry i feel about it.

Right now i am extremely worried about what is going to happen with me.I do not want to get deported as we both are very happily married and love each other.I know what i did is bad.

I just wanted to know what are the chances of my i 751 denial.Apart from the 2 dui's i have no criminal history.

And if my form i 751 gets denied,Will i be deported.

Kindly give me advice's on what should i do.Will i be able to fight the case in the immigration court after i 751 denial.

Any suggestions and advice from fellow members will be much appreciated.

Thank you for your time.

Regards

Navyk Experienced

Navyk   78

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

First of all thank you all for taking out your time to read this.

I am happily married to a U.S citizen.I just filed i 751 to remove conditions.I have a 2 year green card.

I got my first DUI April 2013 in New York state.It was a misdemeanor.i have a Washington state license so I was legal to driver in other states.

I got my second DUI in the state of Massachusetts in August 2013.In the second one i ended up hitting a parked vehicle and luckily no one was injured except me.I was bleeding from my nose and the police did not arrest me and called an ambulance.The 2nd dui's case is still pending where i will be pleading guilty the next month.

I know what i did is extremely wrong and i don't have the kind of words to explain how sorry i feel about it.

Right now i am extremely worried about what is going to happen with me.I do not want to get deported as we both are very happily married and love each other.I know what i did is bad.

I just wanted to know what are the chances of my i 751 denial.Apart from the 2 dui's i have no criminal history.

And if my form i 751 gets denied,Will i be deported.

Kindly give me advice's on what should i do.Will i be able to fight the case in the immigration court after i 751 denial.

Any suggestions and advice from fellow members will be much appreciated.

Thank you for your time.

Regards

Since it is not a criminal case you should be fine with your ROC. No more DUIs please.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Navyk Experienced

Navyk   78

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Anybody with any useful info? Im realy stressed out:(

Don't stress out. I am checking out and I will get back to you with right information.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

so you were arrested and charged, with a state code given in the arrest record.

when you look up the code, what level is it at ? criminal or something else ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Navyk Experienced

Navyk   78

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

so you were arrested and charged, with a state code given in the arrest record.

when you look up the code, what level is it at ? criminal or something else ?

Darnell, if it is criminal what do you think will be the affect on his ROC application!

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

chaudhry123 Newbie

chaudhry123   0

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted

Thankyou Darnell Navy for the reply.

In Newyork state i was arrested and bailed out the next day.Here is what i was charged with and i looked it up and here is what the website says:-

Driving While Intoxicated, VTL Section 1192.2:

This is the standard, garden-variety offence that is typically charged when a motorist is arrested for DWI. It is considered a misdemeanor and does constitute a crime, giving the driver a criminal record

In Massachusetts State i was charged with 90/24 oui liqour and 90/24 op negligence as to endanger.I will confirm you the exact details in the morning after i check from my court certified documents.

I know both of these things arent good news but im not sure if the second offence is a felony or misdemeanor.Hopefully will find that out in the morning.I hope its a misdemeanor.

codegeek Apprentice

codegeek   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted

At this point, I suggest you consult an immigration lawyer. Seriously, don't take chances on the internet even though this forum is great and people give helpful advice. Also, you seem very confused and a little worried. So call up an immigration lawyer and talk to them. They might even give you a free consultation or a minimal charge for initial consultation but it will be worth it.

Citizenship (N-400)


Packet Sent: 03/22/2016


Delivery received: 03/24/2016


NOA: 03/29/2016 (Used Form G-1450. No checks Yay!!)


Fingerprinting: 4/22/2016


In-line: 08/11/2016


In-Line letter: 8/13/2016


Interview/Oath: 09/20/2016 (Approved!!)


aussie_jason Rising Star

aussie_jason   195

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Some quick google searches would indicate that a OUI in Massachusetts is only a felony if it is the third such conviction, it isn't clear if out of state convictions count toward that but my educated guess would be they would, seeing how you only have one prior then on paper you technically should be okay but I don't know if they treat DUI's differently. I do know that you should rule out going to Canada any time in the near future though, they will not admit you with that record.

I would still recommend consulting an immigration attorney and paying for the peace of mind.

  • 9 months later...
 
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