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Filed: Country: Canada
Timeline
Posted (edited)

I am a Canadian on an F1 visa going to school in Wyoming. I was arrested for DC Drunk and resisting arrest. I posted a bond and have court date this week. Will I get any of the money back? Am I at risk of being deported? I have a flight back to Canada next week and am coming back to finish classes the following week. Am i okay to travel or will i not be allowed back in the USA. Thank you.

Edited by Penguin_ie
Posted (edited)

If you're being prosecuted in a criminal case then you need a criminal defence lawyer (though this is relatively small peanuts, but it's still good advice).

In addition, consult an experienced immigration attorney before you travel as to whether it may cause you any problems travelling, since it might.

If you show up to your hearings then you should get your bond back; that's the point of them, after all.

Edited by Hypnos

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Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

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Filed: Other Country: Canada
Timeline
Posted

If you're being prosecuted in a criminal case then you need a criminal defence lawyer (though this is relatively small peanuts, but it's still good advice).

In addition, consult an experienced immigration attorney before you travel as to whether it may cause you any problems travelling, since it might.

If you show up to your hearings then you should get your bond back; that's the point of them, after all.

Was pretty much going to respond with this

Filed: AOS (apr) Country: Canada
Timeline
Posted

YOU NEED A LAWYER!! YES! absolutely!! you do not want ANYTHING on your record which can affect you traveling now, or in the future for a GC! please get a lawyer asap and an expreienced one!

what exactly happened? fingerprinted/mug shot? did you get a felony or a misdemeanor? honestly, i would not travel bc when you come thru it will probably be on your record (not sure if it happeds THAT quick) and if they ask 'have you been arrested' you will have to say.. but it is best to wait and straighten EVERYTHING out!!! the lawyer can help you.. if you are a good kid, in college, doing well in school ect.. mistakes happen! they understand you do not want ANYTHING on your record.. so depending on what it says, your lawyer can even get the charges dropped!! which is what you want!! how badly do you need to go home??

Filed: K-1 Visa Country: Wales
Timeline
Posted

Resisting arrest sounds nasty.

I have come across lots of people who were screwed because they could not pay to play.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

That's certainly the charge you'd want to plead down (or go to trial if you think you can prove your innocence). Any half-decent lawyer could probably get it done for a few hundred dollars, which is probably in your best interests if you have any wish to remain or return to the US in future.

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: IR-5 Country: Seychelles
Timeline
Posted

Just to let you know and be aware of it, if you commit any crime, felony, midamenor the laws applied to US Citizen will apply for you as well. If am correct, Wyoming DUI laws are pretty stiff, am talking about up to 6 months in jail for first offense and depending on the test results. If they took a blood test, they might or might not check for other substance in your system as well, And also, you have to remember that the school you are attending might have another action toward you as well.

Like most suggested, you need a lawyer, do not leave the country until this is settled and cleared. This is not going to be a cheap ticket if you expect it to be. You are lucky if it will cost you only $1100 you paid for bond.

Filed: AOS (apr) Country: Canada
Timeline
Posted

Just to let you know and be aware of it, if you commit any crime, felony, midamenor the laws applied to US Citizen will apply for you as well. If am correct, Wyoming DUI laws are pretty stiff, am talking about up to 6 months in jail for first offense and depending on the test results. If they took a blood test, they might or might not check for other substance in your system as well, And also, you have to remember that the school you are attending might have another action toward you as well.

Like most suggested, you need a lawyer, do not leave the country until this is settled and cleared. This is not going to be a cheap ticket if you expect it to be. You are lucky if it will cost you only $1100 you paid for bond.

He did not get a DUI.. the OP has not come back.. and he should to give a bit more detail if he wants the best answer.. but it sounds like he was drunk, (drunk tank maybe??) but then he resisted arrest with an officer.. obviously, that is not good! but if he wasnt overly aggressive, gets a good lawyer, shows he has his together and remorse... again, i do not know what happened, he can probably get off very easily..

he may just have a charge for a drunk tank and that wouldnt be a big deal! but i agree.. he needs a lawyer and he needs to figure this out BEFORE he leaves the country!!! because right now, he could have pending FELONY charges.. who knows!! but then it could all get knocked down to just a traffic ticket!

Filed: AOS (apr) Country: Canada
Timeline
Posted

That's certainly the charge you'd want to plead down (or go to trial if you think you can prove your innocence). Any half-decent lawyer could probably get it done for a few hundred dollars, which is probably in your best interests if you have any wish to remain or return to the US in future.

\\

+1!! a lawyer would be like $500 if it is as simple as i think it is.. but you dont want any resisting, or being abusive charge on your record for now or the future! I wouldnt be worried about going home for a visit, i would be worried about fixing this mess asap!!

Filed: IR-5 Country: Seychelles
Timeline
Posted

He did not get a DUI.. the OP has not come back.. and he should to give a bit more detail if he wants the best answer.. but it sounds like he was drunk, (drunk tank maybe??) but then he resisted arrest with an officer.. obviously, that is not good! but if he wasnt overly aggressive, gets a good lawyer, shows he has his #### together and remorse... again, i do not know what happened, he can probably get off very easily..

he may just have a charge for a drunk tank and that wouldnt be a big deal! but i agree.. he needs a lawyer and he needs to figure this out BEFORE he leaves the country!!! because right now, he could have pending FELONY charges.. who knows!! but then it could all get knocked down to just a traffic ticket!

My bad, I was under impression it was DUI. Well, either way , I wish him the best of luck and maybe he can learn from this mistake, specially, resisting arrest.

Posted

If he's a first-time offender and there aren't any aggravating circumstances, a reasonable lawyer can probably get rid of the resisting arrest. Whether that becomes community service or a fine on a lesser charge will depend on the case and the lawyer.

Obviously I'm not a lawyer, or play one on TV... but I do watch a lot of Castle.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

I am assuming DC means disorderly conduct.

Regardless, it is the resisting arrest that is going to sting.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: AOS (apr) Country: Canada
Timeline
Posted

I am assuming DC means disorderly conduct.

Regardless, it is the resisting arrest that is going to sting.

I thought DC ment the state:/ so thanks for that clarification! I wish the OP would respond.. but yes, the 'drunk in public' is not a huge deal.. his problem would be fighting with an officer and acting 'crazy' ect..

 
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