What would happen to my illegal wife's green card process, if she drove without a license?

Asked about 2 years ago - Arlington, VA

The police caught her when she was driving without a license. Law section is 46.2-300. The court date will be soon. She has already filed I-485 through the marriage. Green card case status is at the first level only.
What will happen to her and her green card process?

Attorney answers (4)

  1. Jennifer Sheethel Varughese


    Contributor Level 15


    Lawyers agree

    Answered . In VA, a typical first-time charge of driving without a license carries with it a fine upon conviction. Provided that she pays the fine and complies with any other court-ordered requirements prior to her I-485 interview, the conviction is not a CIMT (crime involving moral turpitude) and should not affect her eligibility for a marriage-based green card. It is wise to hire counsel that can explain her current immigration process to a prosecutor, and the prosecutor may be willing to reduce the charge.

    Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an... more
  2. Karen-Lee Pollak

    Contributor Level 19

    Answered . She needs to consult with a criminal attorney in conjunction with an immigration attorney to ensure that she pleads appropriately so as not to adversely effect her green card petition

  3. J Charles Ferrari

    Contributor Level 20

    Answered . I agree with my colleague. The immigration effects depend on exactly what she is ultimately convicted of.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Shokry G Abdelsayed

    Contributor Level 11

    Answered . I agree with my colleagues. Make sure to hire a competent criminal attorney and get the charge either dismissed, if possible, for reduced, so as to not impact her adjustment of status case. She should also have certified disposition when she goes for the interview.

    Contact Shokry G. Abdelsayed, Esq. at 201-471-7989. Answers on AVVO do not constitute legal advice and do not form... more

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