Get a good criminal defense attorney. Generally, a conviction for driving under the influence (DUI) is not considered a "crime involving moral turpitude." If this is your only criminal violation, chances are good that you will NOT be placed in removal proceedings if convicted for one DUI.
However, I would still recommend getting the best criminal defense you can get. And the criminal defense attorney should contact a good immigration attorney to make sure that if you do enter a plea,...
Not sure how your husband entered the US. If he entered legally, he can probably apply for Adjustment of Status (form I-485) and employment authorization (form I-765). This is if you are currently in the US. It's also not clear where you are when you say "I must return home."
This makes me think you may be abroad.
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Depends on when you were admitted to the US and other factors. If you were admitted to the US within the past 5 years and the offense is punishable by a sentence of one year of more, the short answer is yes.
I would respectfully suggest that you contact a reputable and experienced immigration attorney to assist you in this matter.
Curtis F. Pierce
Attorney At Law
Certified Specialist, Immigration & Nationality Law
The State Bar of California Board of Legal Specialization
No. To obtain work authorization, you must have a pending application which allows for employment authorization. Our office has tried unsuccessfully to obtain employment authorization for clients whose cases have been administratively closed. CIS has requested the notice with the next court hearing. That is the problem.
So even if there was a pending application before the case was administratively closed, after it is closed, it is highly problematic to get an EAD.
Of course you can marry him. And there is absolutely no time period you need to wait until you get married. Will this help him immigrate to the US? That is another question.
Chances are he will require an I-601 waiver if he has been unlawfully present. And he will require an I-212 waiver to overcome the deportation. There could be further complications if he ever unlawfully reentered the US after having already been unlawfully present.
If he only entered the US one time, chances...