Dui & i-130

johovan

New Member
I arrived in the US in 2000. I had a Tourist Visa valid for 6mo. I overstayed my visa.
Around 2003 both my parents remarried US citizens. In 2004 my mom (as a resident) applied for me. However in 2006 I was convited of a DUI (foolish I know).
Now my mom is a US citizen and I recieved a letter saying that my Application was approved, and to wait for further contact from immigration.

Should I hire I a lawyer to handle my case?
Will my previous DUI conviction prevent me from acquiring US legal residence?

Thank you in advance.

PS: I'm 25yrs old
 
I arrived in the US in 2000. I had a Tourist Visa valid for 6mo. I overstayed my visa.
Around 2003 both my parents remarried US citizens. In 2004 my mom (as a resident) applied for me. However in 2006 I was convited of a DUI (foolish I know).
Now my mom is a US citizen and I recieved a letter saying that my Application was approved, and to wait for further contact from immigration.

Should I hire I a lawyer to handle my case?
Will my previous DUI conviction prevent me from acquiring US legal residence?

Thank you in advance.

PS: I'm 25yrs old

Are you refering to your I-130 been approved. If that is the case a Felony Conviction would not disqualify you from acquire Perm Residency. You should disclose the DUI and relevant court records on the I-485 Application and the IO will make a determination.

Hiring an Attorney will be helpful if you want someone to give you a good cover letter explaining the DUI Conviction to make it look humane.
 
Are you legal in US? If not I wouldn't worry much about DUI because you won't be able to adjust anyway. If you are waiting for PD become current in LEGAL status then when you file for 485 you can attach the letter with explanation about your DUI.
 
The OP is not an immediate relative and is out of status, so no AOS even when PD becomes current. If he leaves the US, 10 year ban kicks in.

Are you legal in US? If not I wouldn't worry much about DUI because you won't be able to adjust anyway. If you are waiting for PD become current in LEGAL status then when you file for 485 you can attach the letter with explanation about your DUI.
 
I don't think DUI is a felony in my state, but a misdemeanor (Wisconsin).

Also a few years back an immigration attorney said that if I've lived in the US for 10yrs and get a deportation notice I can try and get pardoned? Not sure of the term she used.

BTW, thank you for the quick responses
 
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