Los Gatos, CA asked in DUI / DWI and Immigration Law for California

Q: How to respond to an RFE from USCIS (pending I-485 / AoS) about DUI that doesn't yet have a disposition?

I'm looking for an experienced attorney who can advise me on the best strategy given the following inputs:

- Had a 1st time DUI in Monterrey country (CA) in July 2020 (no injuries, no accidents but 0.17 BAC)

- Lost the Monterrey court in Sept 2021 but made an appeal which is still being evaluated (mental health diversion)

- Applied for the Green card / Adjustment of Status (I-485) through employer in Dec 2021

- Advanced parole and EAD were approved in June 2022, but also received a Request for Evidence (RFE) asking for details of the DUI case and disposition / resolution.

- Need to respond to this RFE by Mid-September and understand that there is a risk of AoS not being approved (which can lead to deportation).. Looking for advice how to stay and avoid this negative scenario.

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1 Lawyer Answer
Roland Godfrey Ottley
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  • Immigration Law Lawyer
  • New York, NY

A: It appears as though you have been convicted of DUI. You must have a decision/order/judgment from the court to indicate that you were convicted. In any event, you have appealed this conviction and the outcome of that appeal may take a while. However, for argument sake, let us say that your conviction was affirmed by the appeal court, meaning you stay convicted.

You can argue to USCIS that you a single conviction of DUI without any facts or circumstances to make your DUI a worse case scenario, you can likely make an argument that under these circumstances in which you were convicted for DUI, that is not a conviction that should prevent you from receiving your lawful permanent resident (LPR) status. If you have no other criminal history, that would be good. If you have no other grounds for inadmissibility or preventing you from getting your LPR status and a good brief containing all of the necessary facts and case law to overcome your DUI, you should be able to get your green card.

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