I am requesting your assistance in a matter that involves USCIS.
I am a resident of Texas and have been for the last 6 years. I am currently
on H1b visa. I am in my 8th year. I have always been able to extend my H1b
visa while I am in US. Another words, because of a pending labor
certification, I am able to extend status of stay in US on a yearly basis
until my Permanent residency is approved.
Unfortunately I received a DWI in Oct 2000. In March 2001, I received 18
months of probation, community service and fines. I completed all of my
obligations by September 2002. I am citizen of Pakistan, so I had to do
special registration as well.
Since my DWI, I was able to travel out of the country 2 times. Each time I
came back, the agent at the airport asked my about my DWI and I was allowed
to enter. In 2003, when I did my special registration, I was asked my DWI
and nothing was done, since it fell under petty offense. My DWI in Texas
was a simple DWI without any aggravating factors. I was pulled over for
speeding. 62 in a 45 mile an hour speed limit. My BAC was .12. Other
words a class B misdemeanor. I have never had any consequences to my
immigration status because of this before. Well I applied for my 8th year
H1b visa this year, and only this time my attorney received some bad news.
My H1B petition was approved but extension of stay in US was denied. USCIS
has never sent me a reason explaining their decision, even though it does
say on my I-129 that they will send me a reason. It has been over a month
now. My wife who is on H4 with me, her denial letter which my lawyer
received stated that H1b petitioner has a criminal background which makes
him inadmissible. We were asked to leave US and do consular processing.
My questions and queries to USCSI are these.
If I am inadmissible, how come I was never stopped from entering US when I
traveled out of the country? How come I was not arrested when I went to do
special registration? How come my h1b extension was never denuded before?
Why all the sudden they have done this. How come they have never sent a
letter explaining their reasons for the denial?
I have dome extensive background checking on my own. My Texas criminal back
ground check came back with only a DWI. My driver license check came back
with only a DWI. I am waiting results from my FBI background check... I am
sure it will also have DWI on it as well. So why now. IF DHS makes me
inadmissible because of this, the I am never going to get a visa at
consulate.
I know and have read many stories where people got their green cards and
their visas at the consulates. But I am the first person, whose extension
was denied because of this. I have a 6 months old baby boy who is a US
citizen. His well being is at stake here. I am afraid he will not be able
adjust to the life in Pakistan if we are not issued a visa. The idea that
the background check in Pakistan can take months to come back. By this time
I would loose my job here. My company has filed a motion to re open with
USCIS. But I know that they are not going to take any action on this
either. I mean it has been a month, and they have not even sent a letter
explaining the reasons for my denial.
Board of appeals and supreme court both have ruled that a DWI is not a crime
of moral turpitude or crime of violence, hence it is not a deportable
offense or inadmissible. If that is the case, then what criteria the agent
at USCIS office Mesquite Texas used to make me inadmissible. I have talked
to many immigration attorneys, and they all have told me the same thing.
This is probably a mistake that they made, and it can be fixed here\
I only have DWI as my only criminal record. IF it is not a felony, or a
crime of moral turpitude or a crime of violence, then the agent has made a
mistake when determining my application. I ask your help in this matter so
that you can get in touch with USCiS and get some clarification as to what
happened. At least he reason for the denial. We have filed a motion to re
open without the denial letter, since I know that's the only thing on my
record.
Texas statue does not make DWI an inadmissible offense as far as immigration
is concerned. So your help in resolving this matter will be greatly
appreciated. I also hope that your office will be able to get a reason for
my denial soon, as I am in very stressful situation. I have disclosed about
my DWI to everyone who needed to know. USCIS, special registration, port of
entry. NO one ever gave me a problem until now. Because of this decision I
may never come back to US.
I have a high school, college degree from US. I have been here for such a
long time, that leaving like this is just not fair.
Thanks!

