Dwi case pending, H1B petition approval?

  The H1B petition is in two parts if an individual is asking for change of status – one part that adjudicates whether the position a specialized and that you qualify, and the second whether you are deserving of a change of status. A crime would have no effect upon the first part of the adjudication, but could affect change of status or visa application at a consulate or embassy. That being said, a simple DWI should not prevent a change of status in my opinion whether with a conviction or if still pending at the time of adjudication. I note that U.S.C.I.S. just came out with guidance on DWI's as a basis for a finding of lack of good moral character for naturalization purposes if there are two in the statutory period of residence required for becoming a citizen. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.