More details to this question:
I have my 485 application pending (employemnt based), I i got arrested for DUI while is was pending, imigration is asking me tor RFE about the dui, but it is still in court has not been resoved yet, SO i planned to send just the arrest report cerified. What could be the posible outcomes, I know DUI is not meake me ineligable but the pending criminal case is the problem here, I can not probide a final desicion until the cort make a desicion. But i Have only two months to give an answer. Thank you vey much for your advaice.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
U.S.C.I.S. will generally hold an I-485 case in your situation until there is a disposition. You or your representative will have to keep U.S.C.I.S. informed of the status of your DUI case. I note that there is currently a movement in the immigration laws to consider DUI offenses more serious as seen in people being barred from The Deferred Action for Childhood Arrivals (DACA) program if they have DUIs. To be on the safe side, you or your lawyer may consider attempting to have the case dismissed or the charge changed to another ground. 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.
Answered on Apr 24th, 2015 at 6:14 AM