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Misdemeanor DUI or OWI?

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  • Misdemeanor DUI or OWI?

    Is one simple misdemeanor DUI(OWI) a CIMT or crime of violence? How will this affect F-1 -> H-1 visa later? Any words on the risk of deportation or inadmissibility?

  • #2
    Is one simple misdemeanor DUI(OWI) a CIMT or crime of violence? How will this affect F-1 -> H-1 visa later? Any words on the risk of deportation or inadmissibility?

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    • #3
      There is no question on H1B application form "have you committed any crimes, have you been arrested...", so you will be fine. However, once you apply for your new visa (when you go home), this question will come up on visa application form.

      It will come up again when you apply for green card in the future.


      DUI by itself (unless your punishment is really severe) will not lead to inadmissibility or deportation. However, make sure never lie to INS. INS does not forgive that.

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      • #4
        Any advice on the sentence? Good to have suspended sentence less than a year?

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        • #5
          If suspended sentence is involved, make sure the sentence itself is under 6 months of jail time. If not,you'd be better off by actually going to jail for a few days.

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          • #6
            " If sentence is imposed, and the execution of sentence is suspended, the full sentence imposed nonetheless counts as a sentence imposed for immigration purposes. Fro example, if the defendant is sentenced to three years in state prison, and execution of that sentence is suspended, and the defendant is placed on probation on condition of serving six months in county jail, that counts as "sentence imposed" of three years.
            The duration of probation does not count as a sentence of condiment for this purpose. Thus, if imposition of sentence is suspended, and the defendant is placed on probation for three years on conviction of serving six months in county jail, that is a "sentence imposed" is only six months, not enough to cause a listed offense to be considered an aggravated felony."

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            • #7
              Thank you for your replies.

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              • #8
                I thought less than one year was enough. Where is this 6 month guideline referring to? Any risk of having more than 6 months of sentence but less than one year?

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                • #9
                  For removablility (=deportation) issues a sentence of at least 180 days (or more) must be imposed (which then may become a "moral turpitude issue" also).

                  Some criminal violations don't need to have any sentence imposed, as long as they count as a conviction (firearms and controlled substances violations).

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                  • #10
                    yea, but still INS response "go to jail for some days" was "cool", don't ya think?

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