I was origionally charged with:
VTL 1192 03 DWI - First Offense
VTL 1192 02 DWI of .08 percent
VTL 1131 Drv on Shoulder
These were reduced to pleading guilty to DWAI which I am told is a violation of traffic code, not aa misdemeanor.
Thank you for your response and additional information. The general rule is that one crime involving moral turpitude (CMIT) is a basis for a person to not be admissible to the United States. However, most immigration courts courts have deemed a DUI and/or lessor charges to not be a charge that would result in a finding of a CMIT absent other related charges such as property damage or personal injury damage.
Ironically, the incident may not result in rejection of your visa but misrepresenting the information could result in a permanent ban for any future visas so you are wise to question the appropriateness of omitting this information.
If a person has been arrested or convicted, the general procedure is to answer all questions truthfully and accurately as to any arrests and provide a certfied disposition(how the case ended) along with the visa application. Further, an admission of guilt is deemed a conviction for immigration purposes. You may wish to retain an immigration attorney to provide a legal memorandum on your behalf if you encounter any issues with visa approval.
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