Expunge DUI from immigration

Asked about 1 year ago - Tustin, CA

I have my first DUI case as a crime on my record in spam of 30 years and since 3 years in US. Is it possible to expunge DUI case of my record for H1 visa and from immigrations

Attorney answers (5)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Expungement of any conviction has no immigration consequences. However, a DUI will not prevent you from obtaining H-1B status or a green card.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . It may be possible to expunge the case, but doing so will not prevent it from being discovered for immigration purposes. However, the DUI will probably not prevent you from getting an H1 visa. To be sure, consult with an immigration attorney. Good luck.

    Jasen Nielsen

  3. Seth Andrew Weinstein

    Contributor Level 15


    Lawyers agree

    Answered . DUIs are notoriously difficult to Expunge, primarily because they are driving related criminal offenses. I do not believe that a DUI disqualifies you from receiving an H1 Visa, but check with an immigration attorney.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . You may be able to expunge the DUI bit it will be meaningless in the immigration context since you must disclose all convictions. The conviction should not prevent you from getting the H1B visa, though.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  5. Christy Han Mohan


    Contributor Level 7


    Lawyers agree

    Answered . Expunging a DUI conviction will not prevent immigration from finding out about the conviction. As part of the immigration process, you will need to submit to fingerprinting, which will be crossed checked against the government database to find all criminal convictions.

    If it is a simple DUI, that should not affect your H1 visa. However, I recommend that you speak to an attorney to discuss the specific facts of your case, so that you can get a informed response.

    Christy Han Mohan, A Law Corporation
    Immigration Attorney
    19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
    Phone: 949.222.5900 | Fax: 888.488.6431
    Email: christy@chmlegal.com
    Website: http://www.chmlegal.com

    This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been... more

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