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traveling abroad with an old arrest record ... please give advice

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  • traveling abroad with an old arrest record ... please give advice

    I thinking about traveling outside the US
    back in 1999 i had a simple DWI
    I got 6 month probation , since then i have stayed clean and sober and did not commit any other mistakes

    i don't know if this misdemeanor offense will cause problem when re-entering the US
    is it common practice to be asked about arrest by INS , Customs agent ??/
    do they question you before you leave or when you enter the US

  • #2
    I thinking about traveling outside the US
    back in 1999 i had a simple DWI
    I got 6 month probation , since then i have stayed clean and sober and did not commit any other mistakes

    i don't know if this misdemeanor offense will cause problem when re-entering the US
    is it common practice to be asked about arrest by INS , Customs agent ??/
    do they question you before you leave or when you enter the US

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    • #3
      PLEASE REPLY
      HELP ME OUT

      Comment


      • #4
        to worried:
        a probation of 180+ days is a Class A misdemeanor for federal purposes (179 and less would be a Class B)

        You need to check where you exactly stand, because I believe a Class A could be inadmissiable if it construeds a "moral turpitude issue" (especially if you hadn't accrued 5 yrs. of legal residency by 1999).

        I wouldn't travel untill at least 2004 (conviction date plus 5 yrs.), but consult an attorney for peace of heart!

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        • #5
          Hanbal, I know you give lots of helpful advices here and I have one question for you.

          I have a class C misdemeanor conviction(operating per se) with a year unsupervised probation. It involves 60 day imposed/suspended sentence. It is my understanding that simple minor DUI like this won't be considered as CIMT nor as aggrav. felony. Can I think myself as admissible? What sort of problem if any, should I expect at re-entry? I am seriously devating whether I should retain a lawyer for this matter and your advice will be highly appreciated. Thank you and wish you a Merry Christmas.

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          • #6
            my conviction was in Massachusetts
            Ch. 90 §24(1)(a) & Ch. 274 §1

            1st and 2nd offenses are unclassified,
            3rd and subsequent offenses are felonies

            i found this info on http://www.ncsl.org/programs/lis/Dui/felony.htm

            it's a great web site giving info on dui status on all 50 state

            Comment


            • #7
              GENERAL LAWS OF MASSACHUSETTS
              PART IV.
              CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.

              --------------------------------------------------------------------------------

              TITLE I.
              CRIMES AND PUNISHMENTS.

              --------------------------------------------------------------------------------

              CHAPTER 274. FELONIES, ACCESSORIES AND ATTEMPTS TO COMMIT CRIMES.

              Chapter 274: Section 1. Felonies and misdemeanors.

              Section 1. A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors

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