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I am an F1, out of status (< than year) married to US citizen. Will a DUI get me deported or make me ineligible for Green card?

Belleville, IL |

My school counselor told me applying my I-20 to OPT will give me one more month extension to apply for OPT after the 60 days period. The extension was to give me more time to pay the tuition I owed. My OPT was denied for being late.

My US citizen-college girlfriend and I decided to get married. We married several days before I was out of status, 9 months passed and we are almost there collecting the money for application. We both come from really poor families. She received scholarships and went for a semester study abroad program. She will be back in December.

Last night I felt lonely without her and got drunk, i got pulled over for driving too fast fast for conditions. I was arrested for DUI. My wife has no idea and I am worried so much. how will it affect me?

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Attorney answers 5


A DUI conviction will not render you ineligible for obtaining a green card based on your marriage to a U.S. citizen.

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.


As long as this is your only DUI offence and no one was hurt, it is should not affect your green card application.


I agree with my colleagues.

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.


No, but your subsequent submissions should be done properly to show completion of the DUI and its court certified resolution.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602


I agree with the answers stated above. Good luck!

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