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I was charged with DWI ,now I am applying for AOS,I-485 Part 3. 1b do I mark Yes or No?

Babylon, NY |

Today my case was dismissed,they gave me 50 hours of community services and Drinking Driver Program,can I apply now for AOS,or I have to complete all community hours and DDP?And in I-485 Part 3.1b it says"excluding traffic violations" should I answer Yes or No?
Please help,I can't afford to hire an immigration attorney.
Thank you very much,very apriciate your help

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Attorney answers 3

Best Answer

DWI isn't really considered a traffic violation but it also wouldn't render you inadmissible. You want to put yes and bring a certified disposition showing that it was dismissed.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.


Say yes, and explain at the interview. It is always better to err on the side of caution.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


You should answer "yes".

(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.