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Dustin725

Arrest after receiving police certificate

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23 minutes ago, JFH said:

I’m aware of the difference. I’m from the U.K. “Released without charge” is what you said. Released under investigation is essentially bail but with the provision that the police can have longer than the previously allowed 28 days. She was not released without charge. The case is by no means over. 

Apologies, didn’t know what it was called when I posted that.

23 minutes ago, JFH said:

If you have an alcohol incident that involved the law enforcement (drunk and disorderly, drunk driving, drunk in charge of... etc) you must declare it at the medical in London. It may suggest substance abuse. 

Can you elaborate even more on this? Is this something that can delay her visa?

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40 minutes ago, Lemonslice said:

Who was arrested?  Who's going to court?

 

The embassy might want to wait until the investigation is over, otherwise, how would they know she was only arrested and not charged?

If she is charged, the charge is something that I’ve come to understand won’t be ground for denial. 

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3 minutes ago, Lemonslice said:

Okay I see, thank you for the information. I think this is in case of multiple offences and not just a single offence. My wife doesn’t have any drinking problems, this was a wrong place wrong time that took place on her sisters birthday. We should be fine with the medical part.

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Trying to lie in immigration is what will get you delayed not a 2 week cert time. This could cause a lot more delay or even a denial all together which could be a forever delay. Its up to you but they will find out eventually and you will pay for it dearly. After that you wont have to worry about delays because your wifes chances for immigration willbe nonexistant. Good luck.

Edited by Dxc
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9 minutes ago, JFH said:

It only takes a single DUI to kill someone so it’s a very serious matter. She’s lucky no one was injured or killed. I’d rather lose my TV than my life so arguably theft is a less serious crime than DUI. If nothing else, it shows a complete disregard for the law. There are plenty of taxis in the U.K. 

 

Yes, I’m biased. My husband’s brother was killed by a drunk driver. 

She was going to call a taxi. You don’t know the whole story of my situation. It doesn’t matter if you’re just sitting in your car listening to your radio, you’ll still be considered in charge of the vehicle. We can explain to situation to the officer all we want but if she’s even in the vicinity of the vehicle it’s grounds to arrest. Which I was unaware of... I’m really sorry to hear about your husbands brother.

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54 minutes ago, Lemonslice said:

See:

https://fam.state.gov/FAM/09FAM/09FAM030203.html

 

 

[...]

 

 

f.  (U) Convictions Relating To Pre-Trial Actions:

(1)  (U) An applicant has not been convicted of a crime if he or she merely:

(a)  (U) Is under investigation;

(b)  (U) Has been arrested or detained;

(c)  (U) Has been charged with a crime; or

(d)  (U) Is under indictment.

(2)  (U) However, such facts may indicate that some other basis of ineligibility may exist (e.g., INA 212(a)(2)(C)(i), INA 212(a)(1)(A)(iii), etc.).  At your discretion, you may refuse any applicant under INA 221(g) which involves an applicant who has been charged with, but not convicted of, a crime in order to await the outcome of the proceedings (if the outcome is reasonably imminent) or to permit local authorities in appropriate cases to take steps to prevent the departure of the alien from their jurisdiction.  Where applicable, in the case of a nonimmigrant visa applicant charged with a crime, you should also consider how the pending charge may affect the applicant’s intention to return to his or her place of residence, for purposes of INA 214(b)

Since this situation doesn’t involve moral turpitude It’ll be fine, think what I’ll have her do is bring a police report with her to the interview so they have more information. Once they know it doesn’t involve moral turpitude and the investigation is just waiting on a blood sample I believe they’ll grant my wife’s visa. I hope! Thanks for the help. 

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Filed: Citizen (apr) Country: Canada
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1 hour ago, Dustin725 said:

Since this situation doesn’t involve moral turpitude It’ll be fine, think what I’ll have her do is bring a police report with her to the interview so they have more information. Once they know it doesn’t involve moral turpitude and the investigation is just waiting on a blood sample I believe they’ll grant my wife’s visa. I hope! Thanks for the help. 

Its Part 2(U) that was posted above that is most relevant to your situation---not whether it's considered a CIMT.  Even those offenses not termed to be a CIMT would fall under the officer's discretion as posted in this part of that section:

 

At your discretion, you may refuse any applicant under INA 221(g) which involves an applicant who has been charged with, but not convicted of, a crime in order to await the outcome of the proceedings (if the outcome is reasonably imminent)

 

As mentioned a couple of times in this thread, DUI charges are taken quite seriously, and you're correct that a single DUI is not an automatic denial, but it does give the officer plenty of wiggle room especially with an open case.

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1 hour ago, Dustin725 said:

She was going to call a taxi. You don’t know the whole story of my situation. It doesn’t matter if you’re just sitting in your car listening to your radio, you’ll still be considered in charge of the vehicle. We can explain to situation to the officer all we want but if she’s even in the vicinity of the vehicle it’s grounds to arrest. Which I was unaware of... .

Don’t need to know the whole story, the fact is she got arrested. You think the US is any more lenient? Example - an open bottle of alcohol in a car is grounds for arresting the driver in most states...yes even if the car is stationary. The dwi laws in the US also generally apply even if in a parked vehicle, such as your wife’s case. And also just the vicinity...and even sleeping in the car...etc. I am also a little worried about your dismissing it as “not serious”. It is. And the fact that you can get a dwi in all these situations shows you how serious it is taken.

 

The issue you need to be worried about is that with this on her record now, any further issue will compound. 

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2 hours ago, Dustin725 said:

She was going to call a taxi. You don’t know the whole story of my situation. It doesn’t matter if you’re just sitting in your car listening to your radio, you’ll still be considered in charge of the vehicle. We can explain to situation to the officer all we want but if she’s even in the vicinity of the vehicle it’s grounds to arrest. Which I was unaware of... I’m really sorry to hear about your husbands brother.

I don't see a visa being issued until after the case is settled and yes she absolutely needs to declare that she was arrested.

Everything crossed for a smooth and stress free journey

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11 minutes ago, SusieQQQ said:

Don’t need to know the whole story, the fact is she got arrested. You think the US is any more lenient? Example - an open bottle of alcohol in a car is grounds for arresting the driver in most states...yes even if the car is stationary. The dwi laws in the US also generally apply even if in a parked vehicle, such as your wife’s case. And also just the vicinity...and even sleeping in the car...etc. I am also a little worried about your dismissing it as “not serious”. It is. And the fact that you can get a dwi in all these situations shows you how serious it is taken.

 

The issue you need to be worried about is that with this on her record now, any further issue will compound. 

I don’t need a lecture, I’m just asking for honest advice but have seem to touched a few nerves in this thread. I think emotions should be left out of it. Just because my wife made a mistake doesn’t mean she should be punished by not seeing her loved ones for the rest of her life. It doesn’t matter the morality of it all, nobodies perfect, I just want to be happy like the rest of us. Honestly I appreciate the help from everybody. 

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12 minutes ago, Dustin725 said:

I don’t need a lecture, I’m just asking for honest advice but have seem to touched a few nerves in this thread. I think emotions should be left out of it. Just because my wife made a mistake doesn’t mean she should be punished by not seeing her loved ones for the rest of her life. It doesn’t matter the morality of it all, nobodies perfect, I just want to be happy like the rest of us. Honestly I appreciate the help from everybody. 

That is not the punishment.  Also, should things go very sour (I do not see why, from what you said and if your wife do not misrepresent herself by submitting inaccurate documents),  you would still be free to move to her. 

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1 hour ago, Going through said:

Its Part 2(U) that was posted above that is most relevant to your situation---not whether it's considered a CIMT.  Even those offenses not termed to be a CIMT would fall under the officer's discretion as posted in this part of that section:

 

At your discretion, you may refuse any applicant under INA 221(g) which involves an applicant who has been charged with, but not convicted of, a crime in order to await the outcome of the proceedings (if the outcome is reasonably imminent)

 

As mentioned a couple of times in this thread, DUI charges are taken quite seriously, and you're correct that a single DUI is not an automatic denial, but it does give the officer plenty of wiggle room especially with an open case.

 

Okay, would it be wise to wait for charge and conviction before progressing with obtaining the visa?

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Filed: Citizen (apr) Country: Canada
Timeline
2 minutes ago, Dustin725 said:

Okay, would it be wise to wait for charge and conviction before progressing with obtaining the visa?

I think the chance of visa approval with an open case is slimmer than her chances of a visa with a closed case (depending all goes well for her at the end of their investigation).

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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