DWI and H1b Visa

[ou90d02]

Hello,

I have posted here before. Basically I am on H1b visa. This year I will be in my 9th year. filed based on pending labor certification. Anyways, I had a DWI in TExas in 2000. I got a probated sentence of 18 monts probation, 96 hours of community service and other fines and classes. I completed everying. I was able to leave the country, do special registration and extend my H1 visas without any incident. Laste year in TExas service center my extension was denied, saying that I had a criminal record which made me inadmissible in US. I filed a MTR and the h1b was approved by the district director. This year, because of Bi specialization program, my case was sent to Vermont and then to california service center. I know that they are doing security background check on h1 extension as well while in US, althought I129 does not ask anywhere if you have ever been arrested.

My DWI will come up, Will this be a problem in getting an extension. If CSC, will have access to my MTR that I filed in Texas, and that Texas approved it by saying that denail was in error. Will CSC have access tothis inoformation.
Are they all linked together. I am worried since its been now 2 monts and no change on my case. People who filed, after me are getting their approvals.

Any help in this matter will be appreciated.

Thanks!



Here is what court docuement states.


PROBATED Sentence

On this day, this case being called for trial, came the Assistant County Attorney, for the State of Texas, and came the defendent, in personl and the Defendent having been duly arraingned, pleaded No Contest, to the information herin, waived trial by jury and submitted this cause to the court,

the defendent was represented by attorney -------

And the information information being read, the Court received Defendant's said plea there to, and having heard the evidence submitted tgheron, adjudged the Defendent guilty of the offense of Driving While Inotxicated as charged in the information and assessed his punishment at a fine of 2000,00 and 180 days of confinement in the Williamson County Jail, together with all costs of Court.


it appearing to the Court, however, that before the trial herin, Defendent applied to the Court in writing for probation, which application includes every verfied averment required for such purpose by teh Adult Porbation Law of this State; and it further appearing to the Court that the ends of justice and the best interests of society and of the Defendent will be served by grandting defendent probation in this cause;

It is therefore ORDERED DECREED AND ADJUDJED that the Defendent is place on probation in this cause for a period of 18 monts from this date, on the following terms and conditions, namely that during the term of probation he shall..

[Mr. Knowitall]

The DWI could be a problem. I suggest that you consult an immigration lawyer.

[ou90d02]

The DWI could be a problem. I suggest that you consult an immigration lawyer.

Thanks for the answer. Thats the problem. I have consulted many attorneys, most of them give me the same answer but there are always a few who gave me the answer I did not want to hear.

Most say that DWI is oK. Since my max sentece was 6 months, I should not worry about it. Some say that probated senteces is still the same as jail time. Some say probation is not same as jail time. I am not sure who I should listen too. However, I have perhaps reas every case law in regards to DWI and aliens. Almost all courts have ruled that DWI is not crime of moral trupitude, provided there are not aggrevating factors. DWI first offense is not crime of violence. So basically 1 DWI is notghing but a regularory offense.

So how can this me a problem. Specially when TExas service center reversed their decison and gave me a approval, basically admitting that denail was in error. I also got my I140 approved from there too. Now the case in California. Hopefully this center will have all the information about my case from last year. I just dont understand why lawyers give different opinions about this issue. Its creating more stress then the issue it self.

Is it not that law is law. And if law states that DWI is not CIMT, and other factors, then why do I get different opinions from lawyers. As much as I appreciate your advice here for which you should be commented as this is done by you for free, some attorneys are charging 200 + for 30 mins worth of time. Quiet honsetlly, most of them are probally just form fillers and dont know much about the law. Nevertheless, I am not sure what to do. I am hoping for success as it was las year.

Any opnions are appreciated as usuall.

Thanks!

[Mr. Knowitall]

The maximum sentence is what is most important, and as it is under a year it's not as bad as it otherwise would be. But it is nonetheless a criminal conviction, and criminal convictions can affect your eligibility for visas or immigration even if they don't disqualify you from entry into the United States.

What do you want a lawyer to do for you? You apply, and you're either granted the visa or you are not.