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I need to file I-751 in march 2012, but have a case pending with a possible charge of dui. How should I go about it?

Dublin, CA |

I entered the US in June 2010 on a marriage based green card for which I will be needing to adjust status in March 2012. Unfortunately I was stopped by law enforcement in August 2011 for an incorrect left turn (no accident, speeding or aggravating factors - did not enter left turning lane completely) and was eventually charged with being above the legal limit of BAC. I have not yet been convicted but the case should be concluding by early 2012.

Assuming I am found guilty and receive a reduced sentence (no jail time but community service etc.) what is the best course of action to file the I-751?

I have no other convictions, infarctions or judgement's against me in the US or any other country.

Attorney Answers 4


A DUI conviction should not affect your application. However, this will depend on the nature of the plea. It sounds like you should be ok. I would consult with an immigration attorney, even without the DUI conviction, since I-751 petitions are complicated. Good Luck!

Ahmad Yakzan, Esq.

The answer to this question is general in nature and is based on the limited facts presented in the question. This answer does not create an attorney-client relationship and no such relationship will be formed with Mr. Yakzan until a formal consultation is conducted at his office.

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I agree with my colleague. Immigration law treats criminal adjudications differently than does criminal law. You should consult with an experienced immigration attorney who is aware of the criminal laws of California and can provide you with a legal opinion based on the facts of your case. Good luck

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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You need to timely file the I-751. You should retain an experienced immigration attorney to handle the matter and to review the court documents for your DUI to determine if it has any immigration consequences.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Filing the I-751 on time is critical to ensure you remain employment authorized and in status. In my experience working with USCIS in San Francisco and San Jose, California DUIs don't generally cause immigration trouble on I-751 cases. I would still recommend working with an immigration attorney because I-751s can have tricky marital union and bona fide issues.

415-871-0714 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.

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