My husband got a DWI in November. He finally had a court date today. We need to apply to Remove Conditions to his Permanent Residence soon (expires in March).

My question: what do we submit with our I-751 re: his criminal conviction?

On the instructions for the I-751 it states:

"If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:
2. An original or court-certified copy of the complete arrest record and/or disposition for each incident, (e.g. dismissal order, conviction record or acquittal order).
If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:
1. An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically;
A. An original or certified copy of your probation or parole record,
or B. Evidence that you completed an alternative sentencing program, or rehabilitative program...."

The problem: we have the complete arrest and sentencing records, but obviously we don't have evidence that he completed his sentence since he hasn't done it yet (it took over 3 months to even get a first hearing in court ). Luckily, it was a first offense, so his sentence is minimal (4 days community service and 1 day DWI class). He will be done with that stuff in 2 weeks. The real hurdle is probation.

If I submit what we have now, will we get an RFE for evidence that he has completed his sentence? Unfortunately, that would mean waiting until his probation is finished (possibly a long time). Will the DWI conviction cause any other problems that anyone knows about? I did some extensive searches for info about this and came up with very little. I imagine that our case will get some additional scrutiny, but I believe that our Removing Conditions case is quite strong.

The lawyer for my husband's DWI case said that the conviction would not be a barrier to his immigration case, but he said it may delay his Removing Conditions until everything is 100% resolved in the courts.

Maybe we should consult an immigration attorney, but I'm not sure if that would help anything.

Anyone have any insight?

Supply the evidence of sentencing of the incident, and then a written explanation noting that sentencing occured recently, that the alien is to perform "X, Y, Z" and that no records of completion of his sentence are available currently, but can be supplied at a later date.

Seeking professional advice in this very murky situation can only help, not hurt. DWI is a pretty serious offense. You need to remind him to make better choices because he's already setting up road blocks for himself in the future with removal of conditions and citizenship but much more importantly, he can end an innocent person's life if he doesn't mend his ways.

Thanks for the lecture. I am well aware of how serious a DWI is--I've lived for most of my life in this country.

Despite the severe consequences, I think that getting a DWI was probably the best thing that could have happened to my husband, since he seemed determined to learn things the hard way. Sometimes there is a huge responsibility on the shoulders of the US citizen married to a foreigner--I can tell him something a million times, but he won't believe me unless he experiences it (or knows someone who has).

Now he knows, and has changed his behavior--hopefully permanently.

I would suggest you go to the USCIS home page look up laws and regulations go to the Code of Federal Regulations (CFR) Title 8 and look at 8 CFR 245a.3 and you will find language for denying an adjustment of status for the following:

An alien who has been convicted of a felony, or three or more misdemeanors.

Where I live a DWI is a misdemeanor unless someone was injured or killed, in that case, based upon the District Attorney's recommendation, a DWI can be elevated to felony status. From what your spouse is going through sounds to me like it is a misdemeanor, and based upon the laws of your state may be expunged at a later date based upon good behavior and no further violations, Good luck!

Thank goodness, a first offense DWI is a misdemeanor in our state.

It really sucks and I sincerely wish my husband hadn't ever driven after drinking, but I think he has learned a big important lesson.

I hope he did learn his lesson. Insurance rates are going to be sky high now, going to be hard to get a job, etc..

I dont drink cause of that reason and I dont see the point at getting smashed.

brito,

Sorry to hear about your situation. Everyone makes wrong choices or things happen and they need second chance. I hope it is only for his and your best. I would listen to my lawyer and wait if I could. Cannot give an advice, as I don't know how the system works but stay strong and know that it could have been so much worse.

Good luck.

No lecture here... I think you got the point. I'm going to suggest you seek the advice of an immigration attorney. We used an attoney for our initially AOS and it's one thing she sternly warned us of...DUI etc. When we called her about the lifting conditions she said unless something happened along the way (eg DUI) we could do it ourselves and save her fee...which is what we did....
I would at least make the inquiry....
GOOD LUCK

First time DUI is ok, It's just that if it happens twice then you'll have issues with the USCIS.

No offense ..but unless you are an immigration attorney or work for the USCIS maybe you should not assure the OP of something like that.
Your comment is contrary to what we were warned about....by one the top immigration lawyer's in the Philly area.

No offense taken, I find that personal experience more than makes up for some wise words from an Attorney, I got a first time DUI last year and I got approved with no interview etc.

Please do not judge her husband, at the end we are all human beings and anybody could commit a mistake....
I wish I could help you, but I do not have the answer I will suggest to talk to your lawyer
Good Luck

I understand but each DUI is different and it would depend on the adjudication of one's particular case. I certainly would not just send off my 751 if I can any legal problems, with at least consulting a qualified immigration attorney. I'm glad it worked it for you.

For goodness sake I am not judging the OP's husband!

This past new year's eve, here in my area, a drunk, wrong-way driver killed all 5 members of an innocent family including an 8-week old infant. Ironically, the drunk driver only suffered minor injuries. If that was your family - all gone in an instant because of somebody's poor choice - I wonder if you will be making these same comments. I also wonder if "oops, it was a mistake" will soothe your pain and comfort you.

My point exactly is this: encouraging people to make better choices is NOT the same as passing judgment. You may not like it but it is the right thing to do.