Can I "pass" the AOS/485 Interview and get my Green Card if my First Time Georgia DUI Case is still pending?

Asked over 2 years ago - Atlanta, GA

My final EB green card interview/approval is expected in June/July-2012.

I got arrested for a 1st time DUI offense (no accident/injuries, no breath/blood/urine test, failed sobriety tests) in Georgia in early Jan this year. My DUI defense lawyer says that there is a good chance to get a "not guilty" verdict, but, if we ask for a DUI Jury trial - the case will not be resolved until early/mid next year! I do not have any other criminal record.

What will happen if my DUI case remains pending at the time of my green card interview? Can we just show the arrest records and GA statute(s) for maximum punishment for such an offense - and convince the IO to approve the green card?

Or shall we rush the DUI case and accept a plea bargain before July to show final court disposition to IO? TIA

Attorney answers (3)

  1. Christopher D. Tunson

    Contributor Level 4


    Lawyers agree

    Answered . You do need to speak with an immigration attorney. It makes a difference how you address the matter from the start.

    The above given information does not constitute an attorney/client relationship. Any individual, person or entity... more
  2. Adriana Delpilar Rouselle

    Contributor Level 13


    Lawyer agrees


    Answered . Try to take care of the issue prior to your interview. If at the time of the interview the case is still pending go to your interview with an experienced immigration attorney.

  3. Neil Ian Fleischer

    Contributor Level 20


    Lawyer agrees


    Answered . I agree. Most USCIS office will not complete a case if there is a pending criminal matter

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more

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