I-751 - Q#7 - DUI

[skparker 0]

My husband (UK) and I (USA) will be filing for the I-751 in mid July 2011. His 2-year green card expires 10/6/2011.

In August 2010 my husband was arrested and received a DUI. He has not been convicted of this yet. His attorney keeps postponing his court date, so as of right now the DUI is currently pending on his record. We know this is not good for us by any means for this to be on his record and we can possibly be denied for this because this changes his moral character to the USCIS. My husbands record is/was completely clean in the UK. The only thing on his record now is the pending DUI case that happened in August. A lot can happen between now and July in regards to his case actually getting a conviction.

We have read that it is a good idea to hire an immigration attorney for this.

We would like any persons advice in regards to if they had a DUI, their outcomes, their own attorneys advice?

We do not need anyones comments on how this was a stupid thing to happen...etc. We both understand that he can get deported based on this and would like to try and get this off his record or down to at least reckless driving. Any advice from people in this same situation or were in this situation would be appreciated.

Thank you fellow visajourney members!

skparker

[jkelly07 120]

he may get past the 1-751 but the n-400 will be a problem for him, he will have to write a ststement and bring court papers for the n-400 and the interview, good luck

[JoannaV 174]

Someone who has successfully removed conditions with DUI:

http://www.visajourney.com/forums/topic/164772-my-i-751-interview-experience/ (2008)

There is not a moral character aspect to the I-751, unlike naturalization. So really it should be ok. I think that the possible effect of a DUI conviction depends on the precise circumstances and the sentence received. If it was a simple matter of driving whilst over the limit, with nothing else involved, then it should be ok.