Q: Can a U.S. citizen spouse apply for a green card after DACA expiration and DUI?
I used to have DACA, but it expired 11 months ago. Since then, I received a DUI and am about to complete my DUI classes. My wife is a U.S. citizen, and I would like to know if she can apply for my green card, considering my current situation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, your U.S. citizen spouse can still petition for you to get a green card, even though your DACA expired and you have a DUI. The fact that you're married to a U.S. citizen opens the door for a family-based immigration process, but your recent immigration and criminal history can affect how that process unfolds. The DUI, while serious, does not automatically disqualify you from getting a green card, especially if it was a first offense and you're completing all required steps like the DUI classes.
Because your DACA expired 11 months ago, you are now considered out of status, which may impact whether you can adjust status inside the U.S. or would need to leave and re-enter with a waiver. Leaving the country without that waiver could trigger bars to reentry, depending on how long you've been unlawfully present. However, being married to a U.S. citizen can make certain waivers available if you can show that your spouse would suffer hardship without you.
It’s important to gather all documents related to your DUI, DACA, and marriage, and speak openly about your timeline. Immigration authorities look at the full picture—including how you’ve responded to your DUI and the strength of your relationship. This situation is delicate, but not hopeless. The best next step is to carefully plan your path forward and take any legal deadlines seriously.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
