Conditonal Green Card & Dui Case Pending

E

ebox11402

New Member
my question is i got arrested for dui oct 2007. im still awaiting the sentence. my lawyer said that there is a big chance that i could get a lesser sentence since this is my first offense and my bac is less than .15%. my conditonal green card will expire on aug 2008.
would a dui or a lesser sentence like a "reckless driving"/misdemeanor on my record be used by uscis to deny me of removing my conditional green card? i asked my current lawyer about this but he only specializes on criminal cases. and as of the moment i cant afford to pay an immigration lawyer for consultation with all these dui hassles.
i would appreciate if anyone could just give me any ideas on this matter.
need help badly.
tnx.
 
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Can you afford not to ask an immigration lawyer?

Generally a single DUI isn't sufficient grounds to be placed in removal proceedings, but without knowing the full details of your situation, we are really just guessing about the likely outcome.
 
my situation right now is.
1. i have a pending case of dui. first time offender. no other criminal records.
2. i am a conditional green card holder valid until aug 2008
3. still married to my wife who petitioned me.
im just worried that a dui or a misdemeanor sentence will be a big factor to deny me of an unconditional green card.
 
I don't think so

With USCIS, anything is possible. However that being said, it may be likely that you could get diversion as a first time offender.

I doubt that a DUI will get you thrown out as long as it was a simple case, i.e. nothing like hitting another vehicle etc.

I would advise that you avoid getting into any more trouble.

Good luck...
 
I would try and get the charges reduced to reckless driving, a misdemeanor. If not, pray for a Probation/Court Supervision Order and a fine but no jail time.
 
Usually diversion sentencing has no effect on the crime from an immigration perspective. Immigration law is a bit strange in this area, and just because you may not have been convicted in a state court, doesn't mean you may not be considered 'guilty' by USCIS. Like I said, consult a lawyer knowledgeable in this matter.
 
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