US DUI affect i-130?

[tommyk 0]

Good afternoon all,

My wife and I were married here in the US under a valid fiancee visa. She needed to return home unexpectedly before we had the travel permit or AOS process started. We are now going to go through the I-130 process. However, just before she left, she was charged with DUI 1st in the state of Kentucky. Not a major offense, but it had not been adjudicated prior to her needing to return home. She is going to plea guilty in absentia.

Anyone know how the USCIS is going to look upon this conviction?

Many thanks in advance.

[jaycali 415]

It won't affect the I-130 petition. Whether it'll affect the actual CR-1 visa.. If there was no damage to others involved, I doubt it as a DUI is not a CIMT. She will probably be asked about it at the interview. The most important thing here is to be honest and up front about it.

Edited December 3, 2012 by Jay Jay

[Phil & Alla 26]

Just from a law enforcement point of view, The best thing you can do is hire a criminal attorney. She should have a court date from when she was released. You are going to need to prolong the process until she can get back into the county to attend court. Up until this point there is no convection so there should be no problem with the petition (innocent until proven guilty), but if she fails to appear for her court date, a warrant will be issued for her arrest and I do not think that would be good at POE.

[jaycali 415]

Just from a law enforcement point of view, The best thing you can do is hire a criminal attorney. She should have a court date from when she was released. You are going to need to prolong the process until she can get back into the county to attend court. Up until this point there is no convection so there should be no problem with the petition (innocent until proven guilty), but if she fails to appear for her court date, a warrant will be issued for her arrest and I do not think that would be good at POE.

In immigration law, "innocent until proven guilty" is not something to rely on, especially if filing from outside the US. Consulates tend to consider you guilty until proven innocent. However, a DUI is not a CIMT and should not severely affect a family immigrant visa.

You are very correct in that an arrest warrant would not look good.

Edited December 5, 2012 by Jay Jay