Does DMV related case affects H1 stamping?

[bostoncupcake]

Hi All

I'm currently working in US on a L1 visa and have also got a H1B approved. However, I haven't filed for my status change as of now. Unfortunately, I was arrested by the local US cops for a DMV charge of "Reckless Operation". The case is yet to be taken up in the court [In order to decide whether I'm guilty or not].

I've consulted a DMV lawyer and they said that this is NOT considered to be a criminal case, rather a DMV violation.

My queries:

1. Does this reflect on my records for immigration?
2. Does this by any chance affect my H1 status change or stamping?
3. I'm planning to visit my family in India this year and probably the case will not be solved/closed by then. Would it make anything worse if I travel outside of US?


Any help/inputs on this will be highly appreciated.

[txh1b]

Traffic law lawyers are not versed with immigration laws. This is not a CIMT and will not cause problems.

Reckless driving is a misdemeanor in many states and has to be declared on the visa form if you were arrested, no exceptions. You can carry papers regarding the case and the visa officer can choose to ignore it. Not declaring it will lead to more problems in the future.

1. yes
2. Depends. No in general.
3. No

[bostoncupcake]

Thanks txh1b.

Since my case is not yet concluded; the only document I have with me which the officer provided for "Arraignment date". Will that be a sufficient document or do I need to get some other docs as well before hand?

[txh1b]

You should have a ticket? What was your speed and how much were you exceeding?

[bostoncupcake]

I got a bailing paper.. no ticket as such..... and the speed which the cop mentioned was 100 mph [which im sure i was not] in the lane with 55 mph.

[txh1b]

Unless you get a good lawyer to prove that they have not maintained proper equipment records (lawyer asks for maintenance record of the radar/laser equipment and caliberation records), you will lose the case.

[bostoncupcake]

Thanks for your inputs.

[surya2204]

Hi Bostoncupcake,
It's very difficult to prove that the cop was wrong. But I wasn't sure why you drove near 100mph(I'm not sure what your actual speed was). Driving 100mph on any highway is a felony. Are you not sure that any video or photo was taken while you're speeding? (Many highways have traffic monitoring video cameras). This was more important now a days.

Never ever drive beyond the speed posted.

Good luck with your case.

[bostoncupcake]

I'm not sure if there was any camera on the highway. Though I'm not sure if the cop had any kind of camera in his car...

[JyothiReddy]

yes, cops do have the cameras/speeding machines installed in their vehicles which can track from 1 to 1.5 miles in radius.
n even on highways cameras are installed but person who made violations, will get ticket kindaa to their residing adress.
not to horrify you--- a resident from our apartment community got 3yrs imprisonment for 85 mph speed in a school zone.

[bostoncupcake]

Yeah. I noticed that the cop car had a radar installed. But I have a question: Is the radar so sophisticated that it can calculate the exact speed if the cop car was coming towards me from the opposite direction. [i.e. he is driving towards me from the opposite direction].

Also, coming back to my original question, can this affect my H1B stamping if my case is not concluded before my interview date? What precautions I should take for that matter?

[JyothiReddy]

Is the radar so sophisticated that it can calculate the exact speed if the cop car was coming towards me from the opposite direction.

YES--- 1 to 1.5 miles in radius irrespective of which way the persons and cops car are heading towards.

[Nickperson]

Hi,

I need some help:

I was driving at 100mph in 75 limit zone. Cop gave me a criminal misendeavour citation and have given me a court date in arizona. I am on H1 and have my 140 approved.

How will this citation will affect my H1 extension, H1 transfer, DS160 and green card and I a not sure how will my current employer wll react to the same.

Any information will be of great help.