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Green card and DUI

Westmont, IL |

I got a DUI in Illinois 4 years ago and I received supervison for it. Now I want to apply for a green card through marriage. Can the DUI prevent me from passing the immigration interview and getting the green card?

Attorney Answers 3


  1. Though you received supervision for the DUI it will be an issue on your LPR (Green Card) petition that needs to be explained in a way that does not stall your application. In Illinois, unlike other states, even the first DUI is a criminal matter. There are ways of getting past it. Please see an immigration attorney who can assist you with this matter. There are immigration attorneys who will offer free consultations in Chicago.

    Khaja M. Din, Esq.

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    Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.

    Din | Memmen, Inc.
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    Chicago Office
    4518 North Kedzie Avenue
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  2. In Illinois, a (one) simple DUI is not normally a bar to grant of permanent resident status. However, you must tell the truth about such arrest and you ought to see an attorney to confirm that it is only a simple DUI. Additionally, marriage cases before USCIS are not that simple. At least, you should seek a consultation with an attorney to understand the broad parameters of the process.


  3. My colleages are correct. Immigration law treats criminal adjudication differently than does criminal law. You should collect all information concerning the DUI and consult with an experienced immigration attorney who can provide you with a legal opinion of your options based on the totality of your immigration history.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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