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안녕하세요

처음 음주운전이었고, 다른 추가 피해가 있지 않으셨다면, 큰 문제 없이 벌금과 수업을 듣는것으로 해결이 되실수 있다고 사료되며, 혹시 모를 이민국의 추가서류 요청에 대비하셔서, 해당 관련 서류들을 잘 준비해 놓으시기를 권해드리겠습니다.

제 조언이 조금이라도 보탬이 되셧기를 바랍니다.

심사기준중의 하나인 아래 요건을 참조하세요. 모든 범죄행위가 다 결격사유나 추방사유에 해당하지 않습니다. 그러나 귀하의 질의와 같이 거짓을 하는 것은 Moral Turpetude에 해당할 소지가 있어 추천하고 싶지 않습니다.

범죄 위반행위(Criminal offenses)

가. 구체적인 사유

범죄와 관련한 추방사유(Crime Related Deportability Grounds )를 말한다.
구체적으로, INA sectoin 237(a)(2)는 범죄위반행위(Criminal offenses)에 대해 다음과 같이 상세히 분류하고 있다.

(A) 일반적 범죄(General crimes)의 범주에 다음과 같이 상세히 구분하여 정리하고 있으며,


(i) 도덕적 파탄범죄Crimes of moral turpitude), (ii) 다수의 유죄판결을 받은 자(Multiple criminal convictions), (iii) 가중 중범죄(Aggravated felony), (iv) 검문소를 피해 도주하는 자(High Speed Flight 18 USC § 758 - High speed flight from immigration checkpoint

Whoever flees or evades a checkpoint operated by the Immigration and Naturalization Service, or any other Federal law enforcement agency, in a motor vehicle and flees Federal, State, or local law enforcement agents in excess of the legal speed limit shall be fined under this title, imprisoned not more than five years, or both.
from an immigration checkpoint), (v) 성범죄자등록을 회피한 자(FAILURE TO REGISTER AS A SEX OFFENDER), (vi) 사면을 받은 경우 추방면제(Waiver authorized)


(B) 규제물질관련 위반행위(Controlled substances)의 범주에 다음과 같이 구분하여 상세히 사유를 적시하고 있고,

(i) 유죄판결(Conviction),
(ii) 마약남용자와 중독자(Drug abusers and addicts)


(C) 특정 무기관련 위반행위(Certain firearm offenses),

(D) 기타 범죄(Miscellaneous crimes)의 범주에는 다음과 같이 정하고 있다.


(i) 5년이상의 징역에 해당하는 간첩행위(espionage 18 USC Chapter 37 - ESPIONAGE AND CENSORSHIP

[§ 791. Repealed.]
§ 792. Harboring or concealing persons
§ 793. Gathering, transmitting or losing defense information
§ 794. Gathering or delivering defense information to aid foreign government
§ 795. Photographing and sketching defense installations
§ 796. Use of aircraft for photographing defense installations
§ 797. Publication and sale of photographs of defense installations
§ 798. Disclosure of classified information
§ 798A. Temporary extension of section 794
§ 799. Violation of regulations of National Aeronautics and Space Administration
), 사보타지(sabotage 18 USC Chapter 105 - SABOTAGE

§ 2151. Definitions
§ 2152. Fortifications, harbor defenses, or defensive sea areas
§ 2153. Destruction of war material, war premises, or war utilities
§ 2154. Production of defective war material, war premises, or war utilities
§ 2155. Destruction of national-defense materials, national-defense premises, or national-defense utilities
§ 2156. Production of defective national-defense material, national-defense premises, or national-defense utilities
[§ 2157. Repealed.]
), 반역과 선동(treason and sedition 18 USC Chapter 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

§ 2381. Treason
§ 2382. Misprision of treason
§ 2383. Rebellion or insurrection
§ 2384. Seditious conspiracy
§ 2385. Advocating overthrow of Government
§ 2386. Registration of certain organizations
§ 2387. Activities affecting armed forces generally
§ 2388. Activities affecting armed forces during war
§ 2389. Recruiting for service against United States
§ 2390. Enlistment to serve against United States
[§ 2391. Repealed.]
) 행위;,
(ii) 선택적군복무법 위반행위(a violation of any provision of the Military Selective Service Act Military Selective Service Act

* * * * * * *
SECTION 1. [50 U.S.C. App. 451]
(a) This Act may be cited as the “Military Selective Service Act”.
(b) The Congress hereby declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.
(c) The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.
(d) The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.
To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this title, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.
* * * * * * *
Sec. 12. [50 U.S.C. App. 462]
* * * * * * *
(e) The President may require the Secretary of Health and Human Services to furnish to the Director, from records available to the Secretary, the following information with respect to individuals who are members of any group of individuals required by a proclamation of the President under section 3 to present themselves for and submit to registration under such section: name, date of birth, social security account number, and address. Information furnished to the Director by the Secretary under this subsection shall be used only for the purpose of the enforcement of this Act.
(50 U.S.C. App. 451 et seq.)) 또는 적과의거래법 위반행위(the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.))


(E) 가정폭력범죄(Crimes of Domestic violence), 스토킹범죄(stalking), 질서위반행위(violation of protection order), 미성년자에 대한 범죄(crimes against children),
(F) 인신매매(TRAFFICKING INA section 212(a)(2)(H)

(H) 2bb SIGNIFICANT TRAFFICKERS IN PERSONS-

(i) IN GENERAL- Any alien who commits or conspires to commit human trafficking offenses in the United States or outside the United States, 42 or who the consular officer, the Secretary of Homeland Security, the Secretary of State, 42 or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 103 of such Act, is inadmissible.

(ii) BENEFICIARIES OF TRAFFICKING- Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

(iii) EXCEPTION FOR CERTAIN SONS AND DAUGHTERS- Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.
)