O*********c
发帖数: 2309 | 1 偏偏DUI在美国还是重罪，FELONY， 定罪的话，绿卡吊销，马上遣返。弄个DUI被遣返
的话是不是太不值得了？ |
a******9
发帖数: 20431 | 2 不会 dui第一次一般就是misdemeanor
【在 O*********c 的大作中提到】
: 偏偏DUI在美国还是重罪，FELONY， 定罪的话，绿卡吊销，马上遣返。弄个DUI被遣返
: 的话是不是太不值得了？
|
F**Y
发帖数: 5826 | 3 我老两个dui都没被遣返
【在 O*********c 的大作中提到】
: 偏偏DUI在美国还是重罪，FELONY， 定罪的话，绿卡吊销，马上遣返。弄个DUI被遣返
: 的话是不是太不值得了？
|
s*********e
发帖数: 5245 | 4 你對美國移民法毫無概念。
【在 a******9 的大作中提到】
: 不会 dui第一次一般就是misdemeanor
|
s*********e
发帖数: 5245 | 5 Alcohol-Related Driving Offenses Vary Among States
Every state in the United States has laws prohibiting driving while under
the influence of alcohol. States tend to refer to the offense/s as driving
while intoxicated (DWI) or driving under the influence (DUI). While most
state statutes are similar, there are some variations among the different
state laws.
Aggravating Factors on DUI May Result in Serious Immigration Consequences
A simple DUI without any aggravating circumstances typically would not be
regarded as a CIMT. However, some states have passed laws that elevate a DUI
to a more serious crime when certain other "aggravating factors" are
present. Foreign nationals charged with these types of offenses can run into
serious immigration troubles. For instance, an Arizona statute converts a
simple driving while intoxicated charge to an aggravated DUI if the person
is found to also be knowingly driving without a valid license. In one case
involving a foreign national charged with this offense, the courts found
that this aggravating factor escalated the crime to a CIMT, making violators
potentially inadmissible to and removable from the United States.
Other Alcohol-Related Arrests
Even those who do not drink and drive can land in trouble after a few too
many drinks. One common scenario is the alcohol-fueled bar fight. These
incidents often lead to everyone involved being rounded up and charged with
assault and related charges. Alcohol impairs judgment and, for some,
amusement turns to criminal charges such as vandalism and destruction of
property. Most locations have prohibitions against carrying open containers
of alcohol in public. And, while a charge of public urination will not make
one deportable or inadmissible, it will have to be revealed and explained at
numerous immigration junctures. Thus, it is important to remain sober
enough to know how to walk away from trouble and make reasonable decisions.
Visa Application More Complicated Following Alcohol-Related Arrest
The visa application process usually becomes more cumbersome when the
foreign national applicant has any type of alcohol-related arrest. In fact,
it can even lead to foreign nationals being deemed medically inadmissible to
the United States. A foreign national who applies for a visa "stamping" at
a U.S. consulate within five years of a single alcohol-related arrest or
conviction, or who has two or more such arrests or convictions within the
last ten years, must be referred to a panel physician for a physical and
mental evaluation. The panel physician will then determine if the applicant
is ineligible to receive a visa based upon having a mental disorder or
behavior associated with that disorder posing "a threat to the property,
safety, or welfare of the alien or others." This does not mean a single DUI
or public intoxication arrest automatically will prevent one from being
issued a visa. But, at the very least, it means the individual will face a
lengthier application process, plus the inconvenience of the doctor visit.
Arrests Can Delay Green Card Process
A foreign national with an arrest record who files an I-485 application to
adjust status (i.e. "green card" application) is likely to be required to
attend an in-person interview with a U.S. Citizenship and Immigration
Services (USCIS) officer. Even if the particular charge does not make the
individual ineligible to adjust status, this interview requirement creates
an additional step in the process, potentially delaying the ultimate outcome
of the case.
Multiple DUIs May Make One Ineligible for Naturalization
One possible ineligibility ground for becoming a U.S. citizen is being a "
habitual drunkard" during the statutory time period preceding the filing of
the application (i.e. five years for most applicants, or three years for
cases based on marriage to a U.S. citizen). Although all naturalization
applications are reviewed on a case-by-case basis, the USCIS tends to
carefully scrutinize applications filed by those with multiple drunk-driving
arrests. Further, the USCIS is permitted to review actions that occurred
prior to the statutory period in order to determine whether the overall
pattern of behavior suggests an alcohol problem.
Conclusion: Nothing Minor About a DUI
One should never assume that a DUI arrest or charge is not going to cause
any problems related to the immigration process. At a minimum, it is likely
to lead to delays in the process. In addition to speaking with a criminal
attorney, it becomes important to consult with a lawyer experienced in
immigration law immediately after an arrest or citation in order to devise
the best strategy to minimize immigration consequences. Of course, the best
prevention is to be aware of the seriousness of driving while under the
influence and avoid getting behind the wheel when one is not completely
sober.
【在 F**Y 的大作中提到】
: 我老两个dui都没被遣返
|
k**********4
发帖数: 16092 | 6 did u get a lawyer?
【在 F**Y 的大作中提到】
: 我老两个dui都没被遣返
|
F**Y
发帖数: 5826 | 7 这钱是不能省的
【在 k**********4 的大作中提到】
: did u get a lawyer?
|
s*********e
发帖数: 5245 | 8 平時沒事，等你申請綠卡公民什麼，就trigger了。
【在 F**Y 的大作中提到】
: 这钱是不能省的
|
k**********4
发帖数: 16092 | 9 what were your blood alcohol contents? how did the lawyer help?
【在 F**Y 的大作中提到】
: 这钱是不能省的
|
s*********e
发帖数: 5245 | 10 一看又一個對美國法律毫無概念得傻逼小劉。
【在 k**********4 的大作中提到】
: what were your blood alcohol contents? how did the lawyer help?
|
h*********n
发帖数: 11319 | 11 google crime with moral turpitude. 只有这类罪名才会影响绿卡
DUI绝对不算，DUI撞死人才算
【在 s*********e 的大作中提到】
: 你對美國移民法毫無概念。
|
a******o
发帖数: 16625 | 12 移民局罪犯遣返需要两个test
1，所犯刑责最高可以判一年以上
2，实际宣判高于半年。
或者和毒品有关犯罪。或者两次以上轻罪。所以有经验律师一般都会尽量让宣判低于半
年。我就见过一个shopping lift的律师不知道这个，结果判了半年，在绿卡renew的时
候trigger了。
一个DUI根本不够遣返的，两个就危险了。
【在 O*********c 的大作中提到】
: 偏偏DUI在美国还是重罪，FELONY， 定罪的话，绿卡吊销，马上遣返。弄个DUI被遣返
: 的话是不是太不值得了？
|
k*******g
发帖数: 7321 | |
