Q: DUI arrest affect on H1B and GC
Hi,
I have situation in hand that I need an immigration attorneys opinion on. I am currently on my H1B visa. My employers applied for my perm this February 2023.
Recently unfortunately I was pulled over and arrested for alleged DUI. I only had couple drinks but my breathalyzer test came out to .086 which exceed the legal limit. I did get a lawyer to attend the court next month. They will try to get the charge down to something else if possible.
Can anyone please tell me how bad this could affect my ongoing immigration progress?
I have been in USA for 8 years and really worried that it could take away everything I have worked so hard for.
Any suggestions and information will be appreciated. Specially if anyone know which charges will be okay for my immigration situation so that I can ask my lawyer to fight to get the charge down to that.
Thanks in advance
A: I am an attorney licensed in California, and I can provide some general information regarding the potential impact of a DUI arrest on your H1B visa and Permanent Labor Certification (PERM) process. A DUI arrest can have serious consequences on your immigration status. USCIS has the authority to deny or revoke visas or adjustment of status based on criminal convictions, especially those involving moral turpitude or aggravated felonies. However, the specific outcome depends on the circumstances of your case and the discretion of immigration authorities. It is crucial to consult with an experienced immigration attorney who can assess your situation, evaluate potential defenses, and guide you on the best course of action to protect your immigration status. They can provide personalized advice and representation throughout the legal process. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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