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How DUI effects green card process???

Charlotte, NC |

How DUI effects green card process??? What are options so it does not effect green card process???

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Attorney answers 4


A DUI conviction will not impede obtaining a green card, nor will any probationary period you might have. Be careful, however, not to have more than 2 of those, lest you could be considered a "habitual drunkard" and be found inadmissible as such.

Make sure you take care of the DUI, i.e. pay the fine, attend the classes, and don't drive under the influence of alcohol again.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Since a DUI is not a crime of moral turpitude, it will not affect your application for a green card.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


A DUI in most situations is not a crime that will impact an application for residence.


It depends on your other criminal history. A first time DUI generally does not have a dramatic impact. However, if you have additional criminal history, it can be used against you in the exercise of discretion. Charlotte CIS is notorious for just referring people to the immigration court for multiple criminal issues that are not legal bars. I highly recommend you retain counsel to prepare, file and attend any interviews with you.