Petition by Husband US Citizen and my DUI charges?

I came into the US with a visitor visa which has expired. I'm now married and my husband is already a US citizen. I know how to fill out the USCIS forms, however, we fear filing the petition because of my criminal/traffic infractions record. 3 years ago I got a DUI and my 3 yr probation is up thi...





I came into the US with a visitor visa which has expired. I'm now married and my husband is already a US citizen. I know how to fill out the USCIS forms, however, we fear filing the petition because of my criminal/traffic infractions record.

3 years ago I got a DUI and my 3 yr probation is up this week, however, 3 months ago I got pulled over and charged with Driving with a suspended license because of that DUI. I have my court hearing next week. Can my husband still file a petition for me even though that case is open? Will I need an immigration attorney to go with me to the final interview?
The charge from 3 months ago was for a stop sign not a 2nd DUI. (I learned my lesson the 1st time)
Thank you "Immigration Lawyer" and George for your answers. I do have a criminal attorney but because of money I wished I could avoid having to hire another attorney for the immigration, but like you two said it is best to have professional help in this case. Thanks again.

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7 Responses to “Petition by Husband US Citizen and my DUI charges?”

  1. George L says:

    You can definitely apply. Based on what you say here, it’s not likely to cause that much of a problem, although it’s hard to say for certain without all the details. You should certainly consider consulting an attorney, however as long as you weren’t drinking when you were pulled over recently, you should be ok. If you were, it would actually be considered a Crime of Moral Turpitude, although it might still not be considered an ineligibility, depending on the charges. Even if you weren’t allowed to adjust status in the US by USCIS, you could still be considered for an immigrant visa back home. that would eat up a fair amount of time and money, as among other things you’d need at least one waiver, but it could still be done.

  2. cole k says:

    We don’t want criminals to become citizens. Sorry.

  3. ♥ terry g ♥ says:

    You should really get an immigration attorney to help you with this. Not abiding by the laws of the country you are not a citizen in isn’t going to look good.

  4. mama_sayed says:

    You’re toast. You do not obey laws, why should you be allowed to be a citizen.

  5. PuzzleMe says:

    it will be considered as 1 misdemeanor, however, it is always smartwise to have a lawyer by your side when you are going through the immigration process.

  6. zonryzita says:

    Your case has hope, but you need to see an immigration lawyer. If you lived in Washington DC or surrounding areas, I’d suggest Orlando Gamarra or Luis Paoli. They are awesome!!! Orlando Gamarra is a little cheaper though. Either way, they’ll be honest and tell you what’s up.

  7. Immigration Lawyer says:

    Yes, theoretically you can apply.

    Yes, you should consult or even hire a qualified immigration attorney. Applying for residency is more than merely filling in information into the forms and applications.

    First of all, there seems to be a probation violation. Secondly, driving on suspended license. You should talk to a traffic/criminal lawyer about your traffic law issues.

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