1. Congratulations on your admission to the bar.
2. You will probably be OK
3. Hire an attorney ... don't try to represent yourself.
To paraphrase Abraham Lincoln "he who represents himself has a fool for a client"
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
Talk to an immigration attorney. The good news is a DUI is not a crime of moral turpitude.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Congratulations on passing the bar, and you should be fine. However, more and more DUI cases are treated very harshly, so you really have to take responsibility for your actions, and never do it again.
Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
Applicants for adjustment of status from U-1 to LPR status adjust under INA 245(m) which does not require a showing of admissibility, as is the usual case. DUI is not a moral turpitude crime anyway, but it sometimes can be raised as a fact reflecting a mental disorder with associated harmful behavior (which is a basis of inadmissibility). However, it is stil discretionary and they can map any other standard they want onto that determination.
I have a really hard time believing that USCIS is going to deny your adjustment based on this. My firm has regularly sen people with more serious criminal baggage wins their cases. For example, I represented someone who was convicted of vehicular manslaughter while driving drunk and who had been the victim of a very very serious crime. USCIS approved the adjustment application despite the nearly one year criminal sentence. It sounds like you have very favorable factors on your side too. Good luck.
DUI DUI arrest DUI probation DUI and immigration status Immigration Adjustment of immigration status US visas Immigrant status Criminal defense Crimes against society Criminal charges for disorderly conduct Criminal charges for manslaughter Criminal arrest Probation for criminal conviction U visa Form I-485 (adjustment of status)