DUI/DWI

[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!

P.S. I know it belongs in a different forum but I wanted to post it here as well.

Thank you all!

[brnidokiegurl 0]

for a arrest record to show up he prob was fingerprinted, was he? if it was filed he would have a case number? if not filed you can get a paper showing no chg filed. If filed and has a case number then, he could have gotten fine, def sentence, susp sent sent to dui school, numerous choices. You just need to know which direction to look to get the papers and even to a fine is a conviction or them keeping your bond as payment is conviction.

[Satellite 1]

No real effect for lifting conditions. Bigger effect for citizenship, because he has to mark that he was charged with a crime. Not sure if a DUI is a crime of moral turpitude, it depends on how the immigration folks interpret the local statute he was charged under.

[slim 1,525]

If he wasn't charged then it doesn't really matter. If he was arrested and released he can get a statement saying so from the office that arrested him.

If he was charged with something then he should have court documents (or could get them) and even if he only got a ticket he should have some kind of paperwork done. Basically, no paperwork, no crime. No need to worry.

If there's some paperwork, then that's what he should submit.

[Ban Hammer 13,332]

mbc

[JJBBKK 0]

Either way he needs a court certified deposition paper, you can easily obtain that from the local court. That was the first question that i was asked during my interview to remove conditions and the officer immediately asked for court certified deposition. Single DUI will have no effect on removing the conditions (my personal experience) as it is charged as misdemeanor (unless there were victims), if he gets 2nd one then he's in trouble, and he needs to indicate that on the application.