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  • I485 filing with DUI

    I got a DUI in 02/2020. I entered a guilty plea later last year and was granted court supervision for two years. While filling out I 485, Criminal Acts & Violations, question #26 "Have you ever committed a crime?", can I say no? Or since I entered a guilty plea, it automatically becomes yes? I was not occupying the vehicle I was charged for at the time of arrest and in my mind I did not commit a crime considering other circumstances that I am not putting here.
    As to the question 28 where it refers to alternative sentencing, a court supervision dictates that I answer yes, is that right?

  • #2
    For something this serious, you really need guidance from an immigration attorney.

    As I understand it, there are three components to a criminal case:
    1. Charge - You must be formally charged with a crime. In your case, it's Driving Under Influence.
    2. Verdict - The court renders a decision on your guilt. In your case, that decision was rendered when you entered a guilty plea.
    3. Punishment - Upon a verdict of Guilty, some punishment was determined. In your case, this was two year supervision.
    Your attorney during your DUI case should be able to provide much more clarity (I'm assuming you had representation).

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    • #3
      Originally posted by Poramin View Post
      For something this serious, you really need guidance from an immigration attorney.

      As I understand it, there are three components to a criminal case:
      1. Charge - You must be formally charged with a crime. In your case, it's Driving Under Influence.
      2. Verdict - The court renders a decision on your guilt. In your case, that decision was rendered when you entered a guilty plea.
      3. Punishment - Upon a verdict of Guilty, some punishment was determined. In your case, this was two year supervision.
      Your attorney during your DUI case should be able to provide much more clarity (I'm assuming you had representation).
      Yes I did have representation. I have procured the certified records. I do not know what more there is to it.

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      • #4
        No need for a lawyer. Did u get dui or dwi ? Alcohol or drugs ? If it is alcohol you should not worry about it. I just got approved a week ago and received my GC two days ago and I have dwi - alcohol and driving after revocation, driving with no insurance and red light violation. I did go for the interview of course but it was no big deal and I did not even have a lawyer. He asked me if I have a criminal conviction and I said yes. He asked me what they were and I told him all with out lying and gave him the police report. He did not ask me but I just gave it to him. Dont lie just be honest. Dwi is not a crime of moral turpitude so don’t worry

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