DUI before I-485 interview

[lecram1 0]

Hi everyone,

I got a DUI on March 22nd and my court date is scheduled for May 7th.(I feel terrible!!) I just received a letter for my I-485 interview for May 27th. Has anybody ran into the same issue before? How did you end up handling your case? To add, I got my DUI in NJ which means it is a traffic violation and will not go on the criminal record. I am concerned because the two events are very close, therefore I am not sure if I would be able to get all the court filing docs in time for the interview. I appreciate any advice

Thank you for the help!

Marcel

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[lecram1 0]

Anyone?

[hmh33 117]

Bring all available documentation from the court to the AoS interview.

[Erica & L 50]

On the I-485 form it asks in Part 3, 1b. If you have ever been convicted, charged, indicated, cited, fined etc EXCLUDING traffic violations.

If in the state of NJ, if a DUI is considered a traffic violation (which seems strange to me), the USCIS may not deem it relevant or have it pertain heavily to your case.

However, bring any available documentation to your interview. If they ask you about it, it's just important that you be completely honest and tell the truth.

Although I think it's probably very unlikely that they will, best to be prepared.

[lecram1 0]

Thank you for your response. I know, NJ DUI laws are different than any other states. In addition, I am a PA resident which makes the case even more complicated. If the interviewer goes through the questions in Part 3, do you think I should disclose the DUI? As you mentioned it is a traffic violation in NJ and therefore will not appear on any criminal background check. It will only appear on the driver's licence history.

Thanks for the help.

Marcel

[aussie_jason 195]

Were you arrested? If so then you still have to disclose it.

[AnotherLostSoul 167]

I would bring all the documents from the court, and if they bring it up, then you tell them the truth that at the time of filing you said "no" on the form because you just got stopped this March. If they don't ask at all, you have your document but don't start telling the whole story. If the IO asks at the end is everything on the form is true and correct, then you tell the IO that actually, since then unfortunately, you had a DUI and ask him/her if she/he would like to see the documents that you have brought along from the court/mail/cop. Just be honest and things will go well for you!

Good luck!

[lecram1 0]

Thank you for your detailed response!