DUI and 485 approval / Priority is current

[jatinr]

My friend had DUI citation in Aug 2017, his priority date is current in month of March 2018, he has hearing coming up on Feb 15th 2018 for his citation.
He intends to plead guilty and take up a deal with DA so that he can avoid jail time and get other charges removed ( reckless driving , lane change etc.) . He will be most likely just get fine and community service hours as it was his first DUI offense.

Please advise is he is doing the right thing , knowing that his PD is current and his file may get picked up for GC approval.
Will it impact his GC approval process
Should he go for trial instead and extend the time so that he can get GC before his trial and nothing goes on record for his GC Approval.


Appreciate your quick response.

[kaylip]

I think that once he received his citation and the police are involved it's already on his record whether he goes to court soon or not. Once they collect your personal information and fingerprint you are already on record. Would it impact his AOS, it may or may not but when he goes to the interview he has to be honest with the Officer when they ask those arrest questions. I personally think you should ask a lawyer on those free websites that give free advice. Goodluck!

[jatinr]

My friend received DUI in Aug 2017, his finger printing etc. was done a long ago. Right now , I don't think his arrest or any of it is on record as he is not proven guilty.
Should he try and extend his trial date so that he can get this GC and then accept his guilty plea.

The idea of contesting is just to buy some time to avoid anything going on record before the approval.

I agree that he has to be honest about it if asked, otherwise it is Don't ask, don't tell.

Is it that everyone who's PD is current is getting called for interview before approving GC or it is random sampling.

[inadmissible]

My friend received DUI in Aug 2017, his finger printing etc. was done a long ago. Right now , I don't think his arrest or any of it is on record as he is not proven guilty. Should he try and extend his trial date so that he can get this GC and then accept his guilty plea.The idea of contesting is just to buy some time to avoid anything going on record before the approval.

They will likely postpone adjudicating his application to adjust status until his pending legal issues are resolved. Delaying his trial might very well delay his permanent residency. That said, if he was cited by a law enforcement officer within the last decade, you can be pretty sure it will come up in his Identity History Summary (formerly known as the Records of Arrests & Prosecutions aka "R.A.P. sheet"). He can can confirm as such on his own by submitting his fingerprints and requesting his IHS/RAP

I agree that he has to be honest about it if asked, otherwise it is Don't ask, don't tell. Is it that everyone who's PD is current is getting called for interview before approving GC or it is random sampling.

If he is interviewed, he will likely be asked if there have been any material events/changes since he filed his application

[rperez510]

I had a DUI but got a lawyer and brought it down to a wet and reckless. Got arrested in 2014. Applied for i485 in march 2017 and by that time I had done community service, paid my fines and also got the record dismissed(per California you can't expunge). At the interview in I disclosed it all and got approved two days later. In your friends situation I would try and get a conviction asap. Do the community service and fines before the interview. It's not necessary to expunge or dismiss but looks better.

[wilks]

Any updates?

My friend had DUI citation in Aug 2017, his priority date is current in month of March 2018, he has hearing coming up on Feb 15th 2018 for his citation.
He intends to plead guilty and take up a deal with DA so that he can avoid jail time and get other charges removed ( reckless driving , lane change etc.) . He will be most likely just get fine and community service hours as it was his first DUI offense.

Please advise is he is doing the right thing , knowing that his PD is current and his file may get picked up for GC approval.
Will it impact his GC approval process
Should he go for trial instead and extend the time so that he can get GC before his trial and nothing goes on record for his GC Approval.


Appreciate your quick response.

What happened to your friend? Did he have any issues?

[wilks]

Any updates?

What happened to your friend?
Did he encounter any issues?

[Pinkflowers1982]

I had a DUI but got a lawyer and brought it down to a wet and reckless. Got arrested in 2014. Applied for i485 in march 2017 and by that time I had done community service, paid my fines and also got the record dismissed(per California you can't expunge). At the interview in I disclosed it all and got approved two days later. In your friends situation I would try and get a conviction asap. Do the community service and fines before the interview. It's not necessary to expunge or dismiss but looks better.

Hey I have a question. Did you have a lawyer to represent you during the interview? I have a misdemeanor that has been expunged already and I have proof of ?No record? from the police department. I submitted the disposition with the AOS package. I cannot afford a lawyer to go with us for the interview this Thursday. I?m nervous as hell.