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What impact will a DUI ARD (PA) will have on my GC labor process, I140,H1 ext or any other issues in immigration beyond I140

West Chester, PA |

I was arrested recently on a DUI charge and accepted PA's ARD program (chester county ). My BAC was 0.11. I'm a very occasional drinker (4-5 times a year). On the unfortunate day I was driving back from a work related dinner party to the hotel which was a couple of miles away on a lighted road. I was stopped because I forgot to turn the headlights on. I guess there is nothing much I can do about it now. But I'm worried and anxious on what impact this incident may have on my immigration process. I'm on a H1 and work for one of the nations leading consulting firms. My labor will soon be filed and there will be an H1 extension too.
Thanks in advance to everyone who can advice.

Attorney Answers 4


  1. Your employer probably has hired an immigration attorney at no cost to you who will be able to answer your H1B related questions.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.


  2. While I strongly recommend you hire an immigration attorney. Having said that ARD is not a conviction and therefore should not affect your immigration status.


  3. You should contact the employer's immigration attorney and discuss your DUI charge with him. Although you were on ARD, immigration may still look at the DUI charge. It should not have much affect, but the company's attorney can assist you with the visa and the consequences of the charge.

    This answer is for informational purposes only. It does not establish an attorney client relationship.


  4. Getting arrested goes toward "good moral character" when you file for your adjustment application. Suggest you talk with the attorney who is going to file the case and get their help in making sure the adjustment will be approved.

    The advice suggested here is for general information only and not to be construed as legal advice.

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