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ou90d02
01-11-2008, 05:44 PM
Hello,

Question to all experts. I have been on h1b visa for about 9 years now. I a applied for my Green card through emplyment based. My labor certification, EAD and AP are all approved. However, I had a DWI in 2000 in Texas. Max sentence for that is 6 months in jail. This was probated to 18 monts probation for me. I am from pakistan and so had to do special registration in 2003. They found out about the DWI and did not do anything. so readin here, i am seeing people are filing waivers. I thaught a single DWI is not a CIMT and does not deny Adjustment of status.

Anyhows please help if I would need a waiver for this crime. DWI was 7 years ago. I dont see an interview anytime soon. All the attorneys I have spoken to say that this should not affect the process in any ways. Even supreme court has ruled that DWI is not considered a cimt or crime of violnce. In any case, inputs are appreciated.

xclent
02-07-2008, 09:44 PM
Hello,

Question to all experts. I have been on h1b visa for about 9 years now. I a applied for my Green card through emplyment based. My labor certification, EAD and AP are all approved. However, I had a DWI in 2000 in Texas. Max sentence for that is 6 months in jail. This was probated to 18 monts probation for me. I am from pakistan and so had to do special registration in 2003. They found out about the DWI and did not do anything. so readin here, i am seeing people are filing waivers. I thaught a single DWI is not a CIMT and does not deny Adjustment of status.

Anyhows please help if I would need a waiver for this crime. DWI was 7 years ago. I dont see an interview anytime soon. All the attorneys I have spoken to say that this should not affect the process in any ways. Even supreme court has ruled that DWI is not considered a cimt or crime of violnce. In any case, inputs are appreciated.

Not and aggravated felony
http://www.nilc.org/immlawpolicy/removcrim/removcrim051.htm


Not CIMT in TEXAS (search "driving" in the following link)
http://www.nlada.org/DMS/Documents/1156189516.81/TX%208.21.06.pdf

Not sure if it is CIMT (Read the third and the fourth para), this is contradictory to the 2nd link I have pasted above. Check the date of each document.
http://www.mathurlawoffices.com/dui.html