DUI/DWI and removing conditions

[NYGirl 0]

Hello all,

I have a friend who brought her husband on a K1 from Russia about 2 years ago or so and now next month it's time for them to remove conditions to get a 10 year G.C. The thing is.......last year he went out with his friends and had couple of beers and then a got into an accident, he got hit in the back of his car and it wasn't his fault of course but when the police came over they arrested him due to being "drunk" which he really wasn't but did have alcohol in his body. I don't know whether he was convivcted or not, i think he was not but not sure. Anyway, she asked me if I know but I searched on VJ and din't find it. On the form that you will fill out for your 10 year GC, it is asking if you were arrested and etc and then says......if you answered yes then please provide all the evidences that are on the list. I looked and searched and can't find what kind of evidence they need and what the list is. Do you know what they need and where can she find it? I don't know if he was or wasn't convicted but if he was, will they deny his GC, is there going to be problems? What if he wasn't convicted, what papers should they provide and where can she find that whole list of what they need such as evidences and whatever they are refering to. If you open the download form, it will say somewhere on the 2nd page about that question and below will be what I am talking about, the evidences. Please help me so that I could help her since I couldn't find it. They are going insane!

Thank you all!

[mbmw 0]

Hello

it is stated by USCIS that if you have a DWI offense you need to contact a lawyer and have them represent you, A lawyer is a must is he was convicted.

this story just doesn't sound complete to me, doesn't make sense, if he got into an accident and his blood alcohol level was low he would not have even been arrested,

I just think that if you need an accurate answer to your question, you need to give us the story as it is,

So if convicted get a lawyer

If not convicted, still get a lawyer.

Thanks

[NYGirl 0]

Hello

it is stated by USCIS that if you have a DWI offense you need to contact a lawyer and have them represent you, A lawyer is a must is he was convicted.

this story just doesn't sound complete to me, doesn't make sense, if he got into an accident and his blood alcohol level was low he would not have even been arrested,

I just think that if you need an accurate answer to your question, you need to give us the story as it is,

So if convicted get a lawyer

If not convicted, still get a lawyer.

Thanks

I told the story as I know it.

I do know that they took a lawyer that represented him in court.

The reason why he was arrested is because yes, he did have beer and probably more than few and he had it in his blood but the whole thing happened because another car tried to go around him faster and hit him in the back and that's why when the police arrived they didn't care much about the accident since no-one was hurt but what they did tested him for alcohol and the driver that made an accident never got tested. The reason behind it is that my friend husband doesn't speak well english and couldn't explain much but the other driver did and both the policeman and the other driver took advantage of it since the other driver and the police were black man. I think the cop was a racist, but whatever. Even when they cop made an accident report, he made my friend's husband fault at the accident even though he got hit in the back of his car.

[payxibka 10,045]

I told the story as I know it.

I do know that they took a lawyer that represented him in court.

The reason why he was arrested is because yes, he did have beer and probably more than few and he had it in his blood but the whole thing happened because another car tried to go around him faster and hit him in the back and that's why when the police arrived they didn't care much about the accident since no-one was hurt but what they did tested him for alcohol and the driver that made an accident never got tested. The reason behind it is that my friend husband doesn't speak well english and couldn't explain much but the other driver did and both the policeman and the other driver took advantage of it since the other driver and the police were black man. I think the cop was a racist, but whatever. Even when they cop made an accident report, he made my friend's husband fault at the accident even though he got hit in the back of his car.

regardless of "fault" or "bias", the fact that he was "tested" and if found to be over the limit the citation was proper.....

[J&D 0]

I agree that the citation was proper. If he had more than a few drinks and still decided to drive, regardless of who hit who or if he felt he was drunk or not, the law is the law, it doesn't change depending on if someone feels they have the capacity to drive after a few drinks or not. His decision to drive while under the influence was foolish...period. Therefore getting a lawyer to help in the removal of conditions is a wise (and costly but necessary) move.

Edited October 24, 2008 by J&D