Legal Question in Immigration Law in Texas

DWI and immigration

My question if you decide to answer is this.

I am on H1b visa, got a DWI in 2000. Probated sentence of 18 months on probation. DWI is in Texas. First time offender gets maximum sentence of 6 months in jail. Anyway all was going good until last year. Texas service center decided to deny my h1b extension saying I have a criminal record, which makes me inadmissible in US. I filed a Motion to re open, and it finally got approved. This year, I had to file for extension again. (9th year extension, based on a pending labor certification) I have to do this every year. This year my h1b petition went to California service center. I have not heard anything back from them yet. My query is that, will California have access all my files, including MTR, h1b, appeals and ,,,, information. I am afraid I may have to go through the same thing again this year. IS DWI a cimt, or is 18 motns probation a problem. I have read by many court ruling that DWI is not a problem provided no other aggravating factors are involved. Appreciate your thoughts on this issue.

Here is what the Court Disposition states.

PROBATED Sentence

On this day, this case being called for trial, came the Assistant County Attorney, for the State of Texa


Asked on 4/09/07, 12:10 pm

1 Answer from Attorneys
Dilnaz Saleem Kraft & Associates

Re: DWI and immigration

The California Service Center should be able to have access to your previous immigration history, including your previous H-1B extension denial and the motion to reopen.

Your DWI is considered to be a crime involving moral turpitude. However, it may fall under the petty offense exception allowing you to be admissible into the U.S.

Dilnaz A. Saleem

www.KraftLaw.com

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Answered on 4/09/07, 1:59 pm


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