I-485 with OUIL

[fatjoe]

My husband is on H4 and he was arrested for OUIL in Michigan in 2003. The disposition is 'Impaired Driving' with misdemenor. We have paid the fines, and he attended some seminars too, and we got a letter from the court saying the case has been closed.
Now my attorney is saying that not to file I-485 as there is a 10% chance that this may not be approved. She is asking for 2600 to do a researh on DUI for MI, as the DUI rules vary from state to state. Also, she is is saying that not to file my I-485 as well, since, if I get my AOS(Adjustment of Status), then my husband would be of no status.
But my understanding is that, first offence of DUI is not of a "big deal" and believe that I-485 for my husband would get through. Please advice as to what I should do? Go ahead and file I-485 for me and my husband, or pay the attorney fee 2600 (which I can't afford at this time) and do as advised.

Please respond as to what is the rule for Michigan for Immigration matters.

Thanks.

 

[shiva77]

It can happen to anyone on this planet.Don't worry.This is treated as a traffic ticket but not as a criminal charge. My friend got a ticket like this just before a day he took the citizenship oath.He told the truth in the court and they said that was not a problem at all. More over lawyer can not purify you by taking the money.Truth would stay the same. My advice is that go ahead and apply. Best of luck.

 

[h14life]

fatjoe, hire a new lawyer. In almost all cases, a DUI is not a ground of inadmissibility for the US and it is not considered a Crime Involving Moral Turpitude. One DUI conviction should not be an issue for your 485. When you file for your i-485, make sure that you mark "yes" when they ask if u've been eer arrested.

shiva77, DUI is a criminal offense and NOT treated as a traffic ticket. Bottom line, if you've been photographed and fingerprinted after the criminal offense then you've been arrested.