Skip to main content

In the process of getting a green card and first DUI.

Walnut Creek, CA |

I'm in the middle of the process of getting my green card and got arrested for DUI .15 BAC. My lawyer got me a "deal" if I plead guilty I'll be charged with "driving over the limit" ( versus DUI ), $1700 fine, 6 months of DUI classes and a 3 yr informal probation. My immigration process has been stopped due to this matter. Am I going to be arrested by ICE after I get convicted? Can I still go thru with the consular process ( I'm not eligible for an adjustment of status ) while I'm on informal probation?

Attorney Answers 2


Your DUI conviction does not have anything to do with your eligibility for I-130 approval, because all that CIS is deciding is whether your family relationship is valid. However, whenever you fill our your applications for the consulate, you will be required to provide criminal history reports from everywhere you have lived. A single DUI should not prevent you from getting your green card, tho it will be up to the State Department to decide whether to admit you as a matter of discretion.

Mark as helpful


I think what your attorney did for you was plead you to the B count and get the A dismissed. This is basically a standard 1st with a 6 month class. You will be playing $390 + penalty assessment, court fines and fees (all that comes to $1,700) and 3 years standard informal probation.
A first time DUI will not affect your immigration case as it is not considered to be a crime of moral turpitude.
Robert Driessen

Mark as helpful

3 found this helpful

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics