QUESTION

What are my chances of obtaining a green card/ apply for permanent residency while on probation?

Asked on Apr 11th, 2017 on Immigration - California
More details to this question:
I am currently a beneficiary of the DACA program, I was granted a work permit which will expire in 01/18. Due to making a wrong decision, I was arrested back in 07/16 and sentenced for a DUI under charge 23152b and given a 36 month probation period in 12/16 I will finish the ab541 program (3 month) within the next month and pay all fines and fees. I was not charged with any other charges and this is my first dui measdemenor and first time arrested. I never had any other run on with the police other than traffic tickets which are all paid I am in the process of getting married with my girlfirend of 5+ years who is a US Citizen and wanted to apply for adjustment of status since I no longer qualify for Daca. What are my chances of obtaining a green card/ apply for permanent residency while on probation? Or would I have to wait until my probation is over? Could I be granted a work permit?
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1 ANSWER

Ronald L. Freeman
You chances are obtaining a green card while on probation is slim to none. It sounds like you accepted the standard DUI plea agreement.  Since you do not already have your green card, more likely than not you will be issued a NTA (deportation proceedings) if you reapply for your DACA.  Depending on how you entered the into the U.S., its possible that you can adjust your status, but after your DUI probation is closed. You should hire an attorney to review your conviction and let you know what your options are concerning your immigration matter.
Answered on Apr 11th, 2017 at 9:48 AM

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