| Q. |
H1B Visa Stamping, Green Card and Wet Reckless
I was arrested on suspicion of DUI with a BAC of .09,.08 in California
I have no prior arrests or convictions
My lawyer got the following offer from the DA/Court
1. Wet Reckless (NO DUI)
2. Fine $1500
3. NO Community Service
4. Court Probation for 2 Years
5. Alcohol School
Immigration Status:
1. I have H1B Approval Form I-797 (2010 to 2012)
2. I-140 approved
3. Pending I-485
4. Valid EAD expiring in 11/16/10
5. Expired Advance Parole Document
I plan to visit India in Summer and get my H1B Visa Stamped.
Any risk? What documents do I need to take with me so that my Wet Reckless arrest does not cause a rejection for stamping and at port of entry?
What should I do for pending I-485?
User's Location:
Fremont, California, United States of America
Category:
H1B, H4, L1, L2 Visa
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| A. |
Thank you for your question.
If I understand correctly, you have not been convicted of this offense yet. So, there is no conviction, just arrest. In your visa application, you will still have to disclose it and be able to explain that this is a minor offense and will not affect your moral character and admissibility. No guarantee, but once explained, this should not bar a visa issuance or stopping at the port of entry.
With respect to I-485, you should make sure you complete the alcohol school and otherwise keep good record because you may be asked about this DUI at the time of a possible I-485 interview.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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