Q: I am a foreign National currently in the US, in process of getting a F1 visa and I married a permanent resident
With a DUI, Can he sponsor me for a spouse visa?
If you are married to a lawful permanent resident then the FORM I-130/I-130A can be filed with USCIS by the permanent resident spouse. The FORM I-485 can also be filed with USCIS if the Visa Bulletin ( See the USCIS website) indicates that a visa is available at the time of filing. You should continue to maintain your non-immigrant status until your request for the resident status is adjudicated.
Good luck to you.
Kevin L Dixler agrees with this answer
A: A DUI would not preclude your permanent resident spouse from sponsoring you. Consider, however, scheduling a consultation with a competent and experienced immigration attorney to discuss other aspects of the family-based immigration case you are considering. Many attorneys offer online video consultations during this era of COVID-19. Stay safe!
A: It is unclear if you/immigrant have the DUI or your spouse. If it is your spouse then no concern. If it is you however, I would recommend doing a consultation with an experienced immigration attorney because if you DUI is for being influence of drugs or you made certain admissions during your arrest then you may have eligibility issues. Any attorney should review the police report of your arrest and the charges against. Best wishes!
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