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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
Syed Ali Hussain Lahooti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.