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DUI and refusal charges. Impact on AOS?

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  • DUI and refusal charges. Impact on AOS?

    An AOS applicant was charged with a DWI AND refusal to submit blood/breath sample in Virginia. If anyone has experience with this, please please let me know how this will affect the upcoming AOS interview. The DUI is first, and it will likely be beat but the refusal charge will be harder to get rid off.


    (I've posted this a little while ago but am reposting just in case it reaches more people who could provide good feedback. Thanks to all of you who have commented on this before.)

  • #2
    An AOS applicant was charged with a DWI AND refusal to submit blood/breath sample in Virginia. If anyone has experience with this, please please let me know how this will affect the upcoming AOS interview. The DUI is first, and it will likely be beat but the refusal charge will be harder to get rid off.


    (I've posted this a little while ago but am reposting just in case it reaches more people who could provide good feedback. Thanks to all of you who have commented on this before.)

    Comment


    • #3
      It is my understanding that the refusal to submit a blood/breath sample is, for all intents and purposes, equivalent to being found guilty of DUI.

      I think that it may prove troublesome at the AOS interview. DUI is a very serious offense, and is certainly viewed as such by USCIS.

      Comment


      • #4
        Drunk driving is not considered a crime of violence and is not a basis for deportation under the INA. This is from the recent case of Leocal v. Ashcroft.

        Comment


        • #5
          I am not a lawyer. NJAttorney is correct insofar as DUI is not generally considered a basis for deportation. However, I would suggest that it may still cause problems when it comes to AOS.

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