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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11926
Experience:  Write FOR JAMES to get my help!
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I have been charged with and Resisting Arrest in Boston,

Customer Question

I have been charged with OUI and Resisting Arrest in Boston, MA .. I m on h1b.. got my I-140 approved and going to file a h1b extension till i get my GC when my priority date becomes current.. what consequences will it have on my immigration process.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. And you are the only person who can help me get credit by giving me a positive rating before leaving this site today. So please do not forget to do that.
Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.
I need some more details. Please answer the following:
What is the MAXIMUM POSSIBLE punishment for this offense? I'm not asking what your punishment is, but what the MAXIMUM is?
Exactly what happened for which you were arrested?
What is the outcome of this offense in court so far?
Customer: replied 2 years ago.
for the maximum possible punishment - the police report - for what happened.I have a pre-trial on 7th august. so as of now - no outcome, but I m trying to prepare for the worst - which is typically 6 month license suspension and 1 yr probation and getting convicted of both the charges
Expert:  Expert James replied 2 years ago.
OK, thank you. Kindly remember to rate my customer service before leaving this site today. Like you, I want to get credit for doing my job. If you do not give a rating, then it is as if I have not been working at all. I am sure you agree that is not an ideal outcome. So please do not forget this important step before you leave the site.
MY ANSWER: Obviously, the best thing to do is to not have any convictions on your record. But a convictions for a first offense OUI with no injuries to others will not affect your eligibility for adjustment of status, nor will it affect your H1B status and extensions.
A conviction for resisting arrest may be considered an aggravated felony if the punishment is 1 year or more in confinement, and is probably considered a crime involving moral turpitude.
The best thing to do is to not get a conviction for either, but especially for resisting arrest. Try to ask for a lesser offense if they are determined not to dismiss the charges. And definitely try to keep the punishment less than 1 year in confinement. Otherwise this can be an issue for your status and your green card.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.
REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.
Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.
Thank you!