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1st DUI in PA - misdeameanor or felony for INS?

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  • 1st DUI in PA - misdeameanor or felony for INS?


    Can anyone advise on whether a first DUI in PA
    (misdeameanor according to state law, but carries
    a maximum possible sentence of 2 years) is
    a misdeameanor or felony for INS?


  • #2

    Can anyone advise on whether a first DUI in PA
    (misdeameanor according to state law, but carries
    a maximum possible sentence of 2 years) is
    a misdeameanor or felony for INS?



    • #3
      There is a story from the "Good Book" that goes on to say, "Those of you who have not sinned, throw the first stone."

      I wish that I could help you Guest with your question, but I think it lies within the hands of the courts and INS to make the final decision on whether it is a Misdemeanor or Felony.

      Good Luck and God Bless You, Guest. I will keep you in my prayers in hopes that you will receive the lightest sentence and that you will find strength to stray away from such an addictive habit.

      May God Always Be With You and Guide You Down The Right Path!


      • #4
        To Guest:
        DUI falls under moral turpitudes, which is not a good thing where the person puts his own life and others life in danger. As far Immigration is concerned, it depends upon final disposition of the case. It is not clear from you post whether the case has already been disposed off or is still pending. Offence charged against you can be different than that of conviction. Mostly on such first arrest they will give you a break, if there is no accident involved.
        If you can post further information then may be I will be able to give you some suggestion.
        Good luck.


        • #5
          To DEPORThim!MADD :
          We are lucky to have such a intelligent lady like White Female with us, who spreads message of love and always gives her words of wisdom.

          WHEREAS you are just a hatemonger. If you will look at your conscience and will realize how big is your rap-sheet. May be you do not have been arrested for Drunk Driving but in your heart, you know how many times, you had driven your vehicle while intoxicated.

          He is just an immigrant that is why you are asking him to be deported and what about you, where they should send you? If you have been a true American and remember your forefathers and founders of this great country, then you will never use these words, which you have used for "Guest.'
          May God give you strength to look at yourself and judge the others.
          God Bless America.


          • #6
            to Madd: I understand your pain, but a deportation is not a solution to the problem. This drunk/driver person will go continue doing what he was doing and kill someone's child, spouse, or parent in another country. It will cause the same pain to yet another (foreign) family; the pain will not be any less than that of an American family. I believe in the good in people, and let's just hope that s/he will learn the lesson and stop doing such a hurtfull and selfdestructive as well as unnecessaraly violent act!

            To the first poster: in general, if a conviction may be punished by more than a year in a state, it is considered an aggravated felony for immigration purposes. I'm not too clear on whether how that applies to a DUI, since different federal appeals courts decided differently on this issue (so it depends under which juristication you fall under). If it's your first offense with no serious harm to persons or property, this is your chance to change your ways.

            It will take a long time to establish good moral character for naturalization purposes with any conviction, but you should be safe from removal issues as long as you're actual conviction is less than 180 days. Good luck!


            • #7
              Thanks for your opinions. A DUI stop is a lesson learned the hard way. The final diposition of a case is no conviction, charges are post-poned and then expunged (after the completion of probation and paying fines associated with 1st offender pre-trial diversion program).


              • #8
                Simple DUI most of the time is NOT a crime involving moral turpitude.


                • #9
                  Most of the time a simple DUI is not a CMT. If the INS will say it is than because of your 2 years max penalty you cannot qualify for a petty offense and you will need a waiver for admission.
                  Regarding aggravated felony/crime of violence.... Your offense was arguably not a felony and even if there exists a conviction... your sentence of imprisonment imposed = ordered by the court of law didn't exceed a year! So I don't see it as an aggravated felony at all and because it is your first and only a simple DUI(no property damage nor injury involved) I wouldn't see it as CMT neither... Good luck and don't drink and drive again!


                  • #10
                    Lucky and others -
                    thanks again for your opinions.

                    For those of you who made very strong and angry posts about drunk driving - I understand you and don't even try to argue.


                    • #11
                      I believe that the first DUI is not a felony, and it is Misdemeanor as first affense.
                      My friend has got 2 DUI, and the second time he got the DUI charge, he was jailed for 1 month, and signed a deportation at any time, the good news is,he is still here, and he stopped being drunk, and goes in and out of the country with no problems. But I suggest to correct yourself for the sake of your life and other lives. Good luck


                      • #12
                        We all make mistakes, some people learn from them, some don't, but I truly believe that you have and I want to be the first to congratulate you. You sound like a very strong and level headed person.

                        I feel your words are written with sorrow and hurt for what has happened, but I know that you are making the best out of a bad situation and because of this, you will lead a better life.

                        I wish you the best of luck my friend, and may God always guide you and protect you.

                        Please, take care!


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