I am a usc petitioning my husband through marriage. He had a DUI last year and was arrested overnight. He went to court, paid a fine, went to AA meetings and even got his DL reinstated by the DMV. However, on the I-485 it asks if he was ever arrested and we put yes, because that is the truth. We submitted documentation showing he met all requirements and got license back. Does anyone see a problem with getting GC due to our answer on the I-485?
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I-485/dui
- Thread starter YVILLANUA
- Start date
YVILLANUA said:I am a usc petitioning my husband through marriage. He had a DUI last year and was arrested overnight. He went to court, paid a fine, went to AA meetings and even got his DL reinstated by the DMV. However, on the I-485 it asks if he was ever arrested and we put yes, because that is the truth. We submitted documentation showing he met all requirements and got license back. Does anyone see a problem with getting GC due to our answer on the I-485?
No problem, but you should get cetrified court ? (I forgot what exactly - report?), and bring it with you to the interview. This court paper you can get from same court, for a small fee (around $30).
If you would put "No" on the I-485 form, then you would be in trouble....
Go to court documents department, and ask for the court documents regarding DUI.
It will be a document which stated why arrested, court dates and the final decision, i.e Diversion completed.
Hope he does not get stuck in name check, that's the mess I am in.
I had a DUI but was no biggie.. be true in all applications (I-485 ever been arrested etc.. )
It will be a document which stated why arrested, court dates and the final decision, i.e Diversion completed.
Hope he does not get stuck in name check, that's the mess I am in.
I had a DUI but was no biggie.. be true in all applications (I-485 ever been arrested etc.. )
what you need is called "Court Disposition"
A court disposition is a "notarized document" from the Court clerk or similar authorized personnel who under oath of perjury will give you a document with all details listing the history of the incident & what the court finally ruled.
Unless DUI is a CMT (crime of moral turpitude; which very loosely translates to a crime with an intent of doing harm to the community or society or so forth) it should NOT make one inadmissible for AOS.
THAT BEING SAID I WOULD STRONGLY SUGGEST CONSULTING A CRIMINAL AS WELL AS AN IMMIGRATION LAWYER
All I write is based of the experiences off one of my buddies, and I am NOT The "authority" on anything.
A court disposition is a "notarized document" from the Court clerk or similar authorized personnel who under oath of perjury will give you a document with all details listing the history of the incident & what the court finally ruled.
Unless DUI is a CMT (crime of moral turpitude; which very loosely translates to a crime with an intent of doing harm to the community or society or so forth) it should NOT make one inadmissible for AOS.
THAT BEING SAID I WOULD STRONGLY SUGGEST CONSULTING A CRIMINAL AS WELL AS AN IMMIGRATION LAWYER
All I write is based of the experiences off one of my buddies, and I am NOT The "authority" on anything.
GreenCardVirus
Registered Users (C)
Is this a simple DUI or an Aggravated DUI (something like BAC > .15). I am guessing there was no accident? Also, what is the amount of probation you received? What state are you in?
You should attach Case Disposition document with your 485. It is any paper that provides the details of the case.
There is a very good chance that the 485 case will be sent to a local USCIS office. Even though USCIS memos specifically say that a case should not sent to local office if additional information can be requested by RFE, in practice keep doing it especially if it is a criminal case.
A simple DUI with no accidents, and BAC < .12 should not be a problem. For immigration purpose, the max punishment possible for the crime should be 1 year or less of jail time and the actual punishment given should be less than 6 months. In certain cases probation is in lieu of jail time, meaning it is considered equivalent of jail time. Irrespective of jail time, the crime should not be one of CMT (Crime of Moral Trupitude - Any thing which you do knowingly is wrong).
You should attach Case Disposition document with your 485. It is any paper that provides the details of the case.
There is a very good chance that the 485 case will be sent to a local USCIS office. Even though USCIS memos specifically say that a case should not sent to local office if additional information can be requested by RFE, in practice keep doing it especially if it is a criminal case.
A simple DUI with no accidents, and BAC < .12 should not be a problem. For immigration purpose, the max punishment possible for the crime should be 1 year or less of jail time and the actual punishment given should be less than 6 months. In certain cases probation is in lieu of jail time, meaning it is considered equivalent of jail time. Irrespective of jail time, the crime should not be one of CMT (Crime of Moral Trupitude - Any thing which you do knowingly is wrong).
I seriously doubt infopass folks can say if those documents are enough.
Because they seem to be having no clue what they are doing.
But a AO (adjudications officer) would know. Not sure with whom the inopass appointment is. In any case your documents shoudl be enough. I too got such documents from court with their seal.
Most probably as GCVirus suggested below your case will be transfreed to district office and you will be called for an interview. Hope at the time of interview your priority date is current and name_check is cleared. If both are done, you should be getting approved, otherwise you have to wait for either or both os those (of which name_check is the painful long journey).
Good luck and keep us posted.
Because they seem to be having no clue what they are doing.
But a AO (adjudications officer) would know. Not sure with whom the inopass appointment is. In any case your documents shoudl be enough. I too got such documents from court with their seal.
Most probably as GCVirus suggested below your case will be transfreed to district office and you will be called for an interview. Hope at the time of interview your priority date is current and name_check is cleared. If both are done, you should be getting approved, otherwise you have to wait for either or both os those (of which name_check is the painful long journey).
Good luck and keep us posted.
Yes, Infopass in Santa Ana was not a very big help. However, I had the interview and what they want for a DUI is called a Docket Report. It is a report from the court showing all submitted documents and in which order they were filed. It must also me certified by the court clerk. At least in Santa Ana, Ca, the disposition report is called a Docket report. Hope this helps!!! BTW: my interview went well and my case was approved!!