Providence, RI asked in Domestic Violence, DUI / DWI and Immigration Law for Rhode Island

Q: Will my green card be denied? I have two domestic violence dismissed and two simple duis first dui in 2018 and 2 2023

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: The outcome of a green card application can be influenced by your criminal history. While the dismissal of your domestic violence charges is positive, the presence of two DUI offenses, especially with one being recent, may impact your application. U.S. Citizenship and Immigration Services (USCIS) examines the applicant's moral character when deciding on green card applications.

DUIs, particularly multiple incidents, could be seen as negative factors. However, the decision is not solely based on your criminal record. USCIS also considers the circumstances of each case, your overall character, and other contributions or positive aspects of your life.

It's advisable to provide any mitigating factors or evidence of rehabilitation when submitting your application. This could include participation in treatment programs, community service, or other efforts to demonstrate responsibility and positive change.

Given the complexities of immigration law and the impact of criminal records, it would be prudent to consult with an immigration attorney. They can offer guidance tailored to your specific situation, help in preparing your application, and advise on how best to present your case to USCIS.

Syed Ali Hussain Lahooti
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Answered
  • Immigration Law Lawyer
  • Silver Spring, MD

A: It looks like your question is diving into the world of "Crimmigration," where criminal and immigration law meet. If you've got a green card and get a DUI, it could mess with your good moral character standing for 3-5 years. Things get even trickier with domestic violence cases – even if you're not officially convicted, USCIS might still look into the allegations for moral turpitude. It's a bit of a maze, so best bet is to chat with an attorney who's not just into immigration or criminal law but specializes in the tricky blend of both - Crimmigration. They'll help you navigate this legal puzzle.

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