DUI arrest on H1-B in Delaware

[txh1b]

Visa has been a problem for people with convictions. As far as immigration goes, a crime that is CIMT will cause problems. DUI is not a CIMT however, you will be subject to a lot of additional background checks, panel doctor referrals etc in due course of your immigration. You need to be aware of this.

Best outcome is dismissal from immigration standpoint. If not, any other smaller charge would help.

[duimess]

Thanks for responding - I am already trying to get hold of a stron immigration attorney.

In any case - is getting the charge reduced to reckless driving non alcohol related, a problem from immigration standpoint??

Even if the case was downgraded to recklesss driving will this show as DUI reduced to reckless and immigration would be a problem due to this

Any idea if anyone case was suppressed or dismissed

Regards

[txh1b]

You need to consult with an immigration attorney before you take any sort of plea deal. Criminal attorneys are not aware of immigration consequences and may suggest you to take a plea which may turn out to be very bad for immigration.

[duimess]

First off thanks to IMMI - it is a really helpful forum

I am in a mess for the first time in my life

I got arrested for DUI in Delaware State on 07/19/09

I got into an accident by myself, my front tire burst and i hit the concrete pavement on the ramp.

Dint call the cop and Yes my stupidity i was waiting for my friend to show up when cops pulled up on the highway... they did the field test and it was inconclusive -- cop took me to the station and did the intoxylizer and it showed 0.088 -- basically i got screwed -- kept telling the cop i was on h1B and this would ruin my life - he dint listen and said he couldnt do anything now and could help me at the court hearing date -- which i dont even know when this is --- probably 90 days out (god this is going to be long 90 days)

i have a million questions and have been calling a lot of lawyers

I got a lawyer and he said he cant say anything till he sees the cops report -- although he said there are some points he could use to get the case dismissed - I doubt it will

My questions

1) has anyones case been dismissed - if yes wat was the ground
2) Is it advisable to take first offenders
3) do you know any lawyer in Delaware state how has handeled your DUI case
4) if the case drops to reckless driving - Will i still be considered convicted
5) I have to go out for stamping my visa and soon my green card will get filed - do i have to tell my employers as my company has there own law firm
6) Do you advise going to Mexico and getting the H1-B visa done
7) Has any one got there record expunged and does that affect future jobs

As you already know I am in a Mess - Any help is reallyy apprreciated


Thanks