Legal Question in Immigration Law in Washington

green card

i was cited for a dui august 2007 and got pre trial diversion of classes,dependency examination and 2 yr probation expiring early 2010.no conviction..i am an asylee eligible to apply residence but hesitant as i'd hate to get denied and lose my money..on the flip side i intend to join the military a.s.a.p thus i need to get the green card..whats your advice?


Asked on 11/25/08, 2:05 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: green card

Look, you didn't commit a murder, okay? Although a DUI is a very serious infraction, it won't necessarily keep you from adjusting your status to lawful permanent resident. First of all, when you file your I-485 application, be honest -- you will be asked if you were ever convicted of a crime. If you received pretrial diversion, under immigration law, that would constitute a conviction anyway. You have a chance, however, to present the documents showing that you complied with all the court's requirements and received probation. By the time you get an interview, it is highly likely that you would have completed your probation, and because you will have committed no other crimes (right?), you may do okay and you may be granted your green card. Make absolutely certain that you include a copy of your disposition with your application and answer the questions as honestly as possible. Best thing is to get a good immigration lawyer to help you fill out the form and represent you before the USCIS. Good luck!

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Answered on 11/25/08, 10:38 pm


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