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  • marriage based AOS and DUI

    I am applying for marriage based AOS application (I-485/I-130).I had a one time misdemenour DUI conviction in UK. I have read many experience of people with DUI having adjusted their status without any problems. One time DUI is not a crime of moral torpitude.But i would like to know about the documents that i need to submit while filing the application.

    I have the court record(which is called memorandum of conviction in UK),police charge sheet. If i submit the copies of the 2 at the time of application would that be enough? Do i need to write a letter, stating about the arrest and conviction, should i mention that DUI is not a Crime of moral torpitude and etc etc... I think this is what a lawyer would do if i hire one..isnt it?

    Can anyone who has filed AOS (with DUI conviciton)with the help of a lawyer, let me know if i need to hire a lawyer ? Because i think that the most the lawyer would do for me is write a cover letter..i might be wrong...please help with ur comments...
    rob

  • #2
    I am applying for marriage based AOS application (I-485/I-130).I had a one time misdemenour DUI conviction in UK. I have read many experience of people with DUI having adjusted their status without any problems. One time DUI is not a crime of moral torpitude.But i would like to know about the documents that i need to submit while filing the application.

    I have the court record(which is called memorandum of conviction in UK),police charge sheet. If i submit the copies of the 2 at the time of application would that be enough? Do i need to write a letter, stating about the arrest and conviction, should i mention that DUI is not a Crime of moral torpitude and etc etc... I think this is what a lawyer would do if i hire one..isnt it?

    Can anyone who has filed AOS (with DUI conviciton)with the help of a lawyer, let me know if i need to hire a lawyer ? Because i think that the most the lawyer would do for me is write a cover letter..i might be wrong...please help with ur comments...
    rob

    Comment


    • #3
      DUI is not a crime of moral turpitude so a single conviction will not bar you from AOS. You will need to fill out the I-485, answer yes to the arrest questions, attach a written account, and provide CERTIFIED court and police records. The documents should show that you have completed your rehabilitation, .e.g. jail, probation, fines...

      You lawyer will gather the materials and present them nicely. If you can do that yourself, you do not need one. Be aware that your case will be delayed (lawyer or no lawyer) since it will have to go through a review by supervisor after your interviewing officer is done with it.

      Comment


      • #4
        What is a written account? Does it mean that i need to write a letter mentioning the charges and verdict and do i need to mention that DUI is not a crime of moral torpitude and etc etc...can anyone who has done it help me out please?

        I was fined 250 pounds and was banned from driving for 1 year.I dont have any documents to show that i have completed rehabilitation.I have receipt the of the fees paid. Do you think that should be enough?

        thanks
        rob

        Comment


        • #5
          Step One- on a piece of paper explain why you were arrested, what the charge was, whether you went to court, if you were convicted, what the sentence was, and whether you completed the all the terms of the conviction.
          Step Two- get original or certified records to document the truth of your above statement. Besides a receipt for payment of a fine, a letter from the court or police indicating that restitution is complete is helpful.
          Step Three- attach copies of the items from steps one and two to your AOS application. Take the originals to your interview.

          Comment


          • #6
            My husband had a DUI in this country and received his AOS with no problems. We didn't attach anything. Just mentioned to the interviewer that he was arrested for DUI. On the application it asks if the person was arrested previously other than for traffic. You put "no", but mention to the interviewer that you were arrested for DUI. Otherwise, you don't have to attach anything.

            Comment


            • #7
              Thanks for that information com2la. I had also thought that DUI is a traffic violation. Because i was arrested in UK and over there, drink driving is traffic violation according to the Road TRAFFIC Act . I think i will answer that question as NO and mention it at the time of the interview. Anyone else ...would like to comment on this..is this right?

              Rob

              Comment


              • #8
                Hi Rob


                No do not do that.. Because this happened in UK, we Dont know how that is going to show or be treated. Were u arrested and fingerprinted there? This is what happens here. To be safe.. you should not say no, and then a background check shows that it did happen. Then you look like you are concealing or lied on your application. (can be Grounds for denial) do not misrepresent info on your application.

                This is not a big deal. just say yes and proceed as old man has advised with attachments or dont send anything but have paperwork available at time of interview in case asked about it.

                Comment


                • #9
                  Yeah. I think you are right. I will answer the arrest question as yes. I dont want INS to think that i mis-represented info in my application. If i answer it as NO and then at the time of interview i say YES, then maybe the INS officer might think that i concealed some fact at the time of application. I have the cover letter, court record and police chargesheet and everything ready to attach it to my application.I am doing it now!

                  YEs..i was arrested and fingerprinted there.

                  Just a thought. Does anyone think INS does a background check in foreign countries. There are millions of AOS applications a year from people from all over the world. But yeah..after sept 11 everything is possible.

                  Comment


                  • #10
                    to answer your question; I don't think, but know for a fact that BCIS does background checks and has special treaties with many countries - including UK - to access your background information.

                    Comment


                    • #11
                      Rob AOS,

                      Do not go any further, but read Form I-485, page 3, Part 1, section b.

                      1. Have you ever, in or OUTSIDE the U.S.

                      a........
                      b. been arrested, cited, charged, indicted,
                      fined or imprisoned for breaking or
                      violating any law or ordinance,
                      EXCLUDING TRAFFIC VIOLATIONS?


                      And of course, you have to say NO to this question. But during the interview when they review your answers (which they did with my husband too) (I was there, I KNOW!), you then tell the interviewer that you had a DUI in UK.
                      Our interviewer asked for a backup document and we gave him, but DO NOT attach anything with your application when you send it in and definitely asnwer NO on this question.


                      Why do people assume the answer if they didn't go through this in the first place. I am giving you an answer from personal experience. You do whatever you think is right.

                      Good luck!

                      Comment


                      • #12
                        Hi Rob

                        Just want to make sure that you will not be mislead by the misinformation that you keep getting from coml2. Just By the idiocy of the statement " AND OF COURSE YOU ANSWER NO"..I am sure you can discern that it is not the correct thing to do. especially since you read the part where you sign that says "under perjury and law the above statements are true"



                        Coml2 says:
                        "Do not go any further, but read Form I-485, page 3, Part 1, section b.

                        1. Have you ever, in or OUTSIDE the U.S.

                        a........
                        b. been arrested, cited, charged, indicted,
                        fined or imprisoned for breaking or
                        violating any law or ordinance,
                        EXCLUDING TRAFFIC VIOLATIONS?


                        And of course, you have to say NO to this question"


                        DUH

                        These people got lucky in their interview as the IO took pity on them probably realizing it was ignorance and not being a deliberate representation. If it was any other officer, it could have gone really bad for them. And because it happened to turn out ok for them by a personal experience They have decided that USCIS procedure/policy is somehhow wrong & they are right.

                        This is a public forum. On this forum you will find professionals/attorneys/paralegals/ and people with vast immigration head knowledge. There are also amateurs with sometimes just enough knowledge to be dangerous and pass misinformation on to others in a "matter of fact way". and of course there will be those that have no clue and will give advice .

                        Look at it as like "Let the Buyer Beware". So be it let the reader beware. Do your research and homework and you will be fine

                        Comment


                        • #13
                          4 NOW, are you an attorney? Just wondering.

                          No one had a pity on us. We did what it said on the application. I too was concerned about it before filling out the I-485. Can';t you distinguish between a traffic violation and a criminal one? DUI is a TRAFFIC VILATION and that's what that questions asks, if the law was broken excluding TRAFFIC violation?

                          BTW, I talked to an immigration officer (not a phone representative) when asking how to answer this question.

                          You definitely have not idea what you are talking about. You are the one who needs to be pittied.

                          one more time: TRAFFIC VIOLATIONS is not a criminal violation, dear KNOW IT ALL "4NOW"

                          Comment


                          • #14
                            In some states, DUI are both criminal & traffic violations. Easiest way to determine this is does UK treat DUI as criminal or traffic violations?

                            Comment


                            • #15
                              Dont exactly sure whether UK treats it as a traffic violation or not. But i was booked under the British ROad Traffic Act 1991. Sounds like a traffic violation from the name. ANyway..i will declare it in I-485 and then see how it goes at the interview.

                              ROb

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