DUI during "Change of Status" period???
This is a discussion on DUI during "Change of Status" period??? within the F-1 and J-1 Student Visas forum, part of the H-1B Worker Visas category; California. Hi. I applied for the change of status from J1 to F1 on September 26 and received a receipt ...
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#1 |
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Junior Member
Join Date: Oct 2008
Posts: 4
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California.
Hi. I applied for the change of status from J1 to F1 on September 26 and received a receipt a few days later that says the uscis received my documents. The bad news is that on November 1, I got dui when I was returning from a Halloween party. My breath score was 0.09. They put me in jail and said that they would release me in the morning. So, happens the morning and during the release process the person from immigration office - who was supposed to be called in the release process - couldn't see my "change of status" position. And told the police officer to put me on hold in jail. And it was friday. So, I was in custody for 3 days until monday. On monday they transferred me to immigration office. Fortunately, in the office they saw my pending status and released me. My question is, my "change of status" application is still pending. I want to learn if all these things that I experienced will affect the answer they will give me. I mean, can they reject my application just because of this dui? Hope not. Thanks. Last edited by TheJoker; Nov 25th, 2008 at 05:32 PM. |
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#2 |
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Regret to tell you that although it is not an automatic problem or denial, they can consider it along with everything else in your application--
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#3 |
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xq3gctAliens can be deported if convicted of a crime involving moral turpitude carrying a maximum possible sentence of one year or more. DUI convictions can result in problems for aliens seeking admission or readmission to the US. An ordinary DUI conviction alone by itself will not result in denial of immigration benefits. Generally, an ordinary DUI conviction is not considered as a crime involving moral turpitude. But if it is combined with an aggravating factor like operation of the car following suspension of license, the DUI conviction will be treated as a crime involving moral turpitude.
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J1 advisory opinion decision from Dept of State
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| "Court Cannot Enter Status-Only Jugment Without Prior Court Order." | eli_witherspoon | Divorce, Separation, Annulment | 0 | Apr 8th, 2009 09:27 AM |
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