conditional green card, DUI, and international travel

Atlanta, GA Viewed 437 times. Posted 7 months ago in Immigration

I am a conditional green card holder through a marriage to a US citizen, which expires in August 2008. I have a pending less safe DUI charge, and the court date is not until August. I had made plans to travel overseas in May-June 2008, a few weeks before the card expires. With the pending DUI charge, will I encounter any difficulties being readmitted to US on my way back?
(First DUI, have never been arrested before).
Thanks

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Answers (3)

Hassan Hussein Elkhalil

This attorney is licensed in Georgia. Posted 7 months ago.

Based on what you state, your Conditional Green Card has expired in August 2008. I assume you file to remove your conditional residency. if you did not do so, you need to file I-751 within 90 days prior to the expiration of the conditional green card. As such, you cannot leave the U.S. before you remove the conditional residency.

The DUI should not have affect on your re-entry to the U.S. If you are sentenced to more than 12 months probation, you may have problem in the future.

Good lcuk

Hassan Elkhalil
www.greencardusa.com

David Nabow Soloway

This attorney is licensed in Georgia. Posted 7 months ago.

Is it possible that you intended to mention dates in 2009 rather than 2008? If so, then as Mr. Elkhalil already noted, you must timely file a Form I-751 Application to Remove the Condition. In the meantime, before your conditional "Green Card" expires your DUI arrest should have no impact on your ability to be readmitted. Approximately two weeks after you timely file your I-751 you will receive a Receipt Notice that states your conditional resident status has been extended for a year, and with that Notice you similarly should have no difficulty re-entering the U.S.

It would be wise to have your defense counsel in your DUI case coordinate with an immigration attorney to assure that any negotiated plea does not create immigration-related problems.

[Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404/320-7000 877/232-5352 dsoloway@fspklaw.com

Philip Alan Eichorn

This attorney is licensed in Ohio. Posted 7 months ago.

DUI's generally are not deportable offenses. They are also generally not considered grounds of inadmissibility. However, you should hire a skilled criminal immigration attorney to review the charges and advise you properly. This should be done before you leave the U.S. As well, you will need to consult with your criminal defense attorney on whether or not the court will allow you to travel. You should not enter a plea of guilty, no contest or accept any type of pre-trial diversion without first discussing your rights with your immigration attorney.

www.eichorn-law.com