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

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

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Attorney answers 3


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.


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 reviewing the above given information or this information is advised to seek legal representation of an attorney of his/her, its or their choice.


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 of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at



Thanks for your response Neil. Just have one follow-up question: is a court verdict enough - or will USCIS hold up the case until ALL terms (like: community service and probation imposed) are met? Even if we get a plea accepted before the USCIS interview - I doubt if probation period will end before the interview. Can that also be a problem? Thanks.

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