DWI offense and how it affects the green card process

[rob4455]

I am a citizen of india living in the United states on a H-1 visa. I
recently had a DWI conviction in the state of North Carolina. I
realize I made a mistake and regret it. However, will this impact my
getting a green card? My company has not applied for my green card
yet but will do so soon. I have no prior problems with the law. My
conviction is the lightest one (license suspended for 1 year with
limited privileges to drive to and from work and for education and
household requirements) and I have been told that since this is my
only offense, I shouldnt have a problem with the green card process.
I would appreciate an answer from someone who has been in a
similar situation or knows about it who can guide me with
this.

Thank You

[kw177]

DWI offense and how it affects the green card process

Not Legal Advice:

It depends on state law. Does DWI in North Carolina meet the definition of an "Aggravated Felony". ie a felony for which the maximum penalty is more than one year in prison. If so - your toast (even if you got a much lighter sentence).

My advice: Get a good immigration lawyer. You'll need one.

[dfagen19]

Dont sweat it, dude. It is not an issue at all. I just got my case approved after having been arrested twice, once for a criminal tresspass to land where no charges were filed and the second time for a DUI, both in Illinois.
As for the earlier quote regarding agravated felony,
for inadmissible aliens and for deportable aliens.

In most states, first time DUI is a misdemeanour, not a felony unless you killed or injured someone. Ask your DUI attorney about this.

As for a good lawyer, they dont exist. The information I have given you was gathered by me while waiting for my interview. My attorney did nothing to explain the inadmissible and deportable clauses.

Just be honest in your application and declare the arrest along with original certified court dispositions (just ask your circuit clerk where you went for your hearing/trial for this and get a few extra copies). Hopefully, you have completed all the requirements and have your license back before you apply for the GC.

It is almost guaranteed that the case will be xferred to a local office for an interview (this is what happened to me). Again, just be honest when that happens and have all your court documents with you. They do not ask questions, only the court documents at the interview.

Hope this helped.
Good Luck

Disclaimer: I am not a lawyer and the above is purely my opinion. Please consult an attorney for legal advice.

[rob4455]

thanks for the help

thanks a lot dude. this relieves me greatly. since you have faced a similar situation and still got your green card, i am a bit relieved. I will do as you say and be honest. thats the advice i got from others as well (including one lawyer). me and my wife both have immigration lawyers since both our employers are willing to sponsor our green cards. my lawyer is pretty up front and told me the smae thing you did, which relieved me as well, while the wife's company lawyer gave me a lot of legalese and quoted statutes without making any guarantees (just like your lawyer).
but from all the research that i have done so far and from what you have told me, i think iwill be ok. mine is a misdemeanor offense and i got the lowest sentence, plus i have no prior record.
again, thanks a lot. i really appreciate the input.

[steve216]

Does this give me some hope??

Hi my problem is simular to Rob4455's I am a Canadian Citizen who might find himself in the very near future going to the United States i am nervous about having a problem getting there as 20 years ago i had a DWI conviction. I have had nothing since then but have heard stories that with a criminal conviction of any kind its near impossible to get to the states to visit or to work without getting into some kind of trouble. Any help would be appreciated as it sounds as though you can help me with some more factual advice.
thanks again
steve