Q: Will my pending DUI affect my I-751 interview on Feb 24?
I have a pending I-751 waiver application and was recently cited for a DUI. I turned myself in, got arraigned, posted bail, and hired a criminal lawyer. My court case has not been filed yet, so there hasn’t been much done on that front. I have an initial interview for my I-751 application scheduled for February 24. Will the pending DUI charges affect my USCIS interview, and do I need to disclose all information about the DUI seeing this is my first offense? I do not have an attorney for the I-751, but I have gathered all supporting documents.
A:
You need to see your criminal lawyer immediately. You need to see if you can win your case or get a plea deal that will allow you to have the case dismissed later, or deferred adjudication. If you can not do that.
Then you need to see an Immigration attorney immediately. My office does both kinds of cases, but most don't. You will screw this up if you do not handle the case correctly, or do not file your paperwork in the proper manner. Let a professional do the work.
The good news is that you are probably a permanent resident at this point. So the I 751 Hearing will not be a problem. You can usually get a new date for the interview, if needed. You really should call and meet an immigration lawyer ASAP, so you can get a plan for the Feb 25th hearing/Interview. My office, and many other good lawyers on Justia, give free, or very reasonable rates, for an initial consultation. The details in your Immigration case will matter. Don't waste any more time.
I hope this helps.
Good Luck!
Your I-751 Application is very important, and the rules of evidence are different in an Administrative hearing for Homeland/USCIS.
A:
You should disclose the DUI citation during your I-751 interview, even though it's pending and your first offense. USCIS officers need to know about any interactions with law enforcement, and failing to disclose this information could be seen as misrepresentation, which could seriously harm your case.
While a single DUI charge doesn't automatically disqualify you from obtaining permanent residence, it's important to bring documentation showing that you're addressing the situation responsibly. Consider bringing proof of your court appearances, any enrollment in alcohol education programs, and documentation showing you're cooperating with authorities. This demonstrates good moral character despite the incident.
Given the complexity of your situation, you might want to consider hiring an immigration attorney before your interview. They can help prepare you for questions about the DUI and ensure you present your case in the best possible light. Remember, honesty is crucial - being upfront about the situation now is much better than having USCIS discover it later through their background checks.
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