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?

Asked over 2 years ago - 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)

  1. Daniel Shanfield

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Ahmad Mohamad Yakzan

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  4. C. C. Abbott

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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