DWI affect on GC process

[Deepa2621]

Got a DWI in MO. Lawyer says there are 2 possibilities

1- plea deal to a lesser offense(reckless driving ) & 2 pts on license plus license revocation for 1 year( refused breath test) OR

2- 2 year probation , community service and SATOP.

My perm process in pending and should hopefully be approved in 2-3 months. If I get the 2 year probation, does that affect my I-140 process. If not, then does it affect when I apply for I-485. Will the I-485 not be approved till my probation term is over. My date will be current in 7 years but if I do adjustment of status with my wife's details, my date will be current for the GC. What should I do from an immigration point of view.

[omshiv]

Who told you that your date would be current in 7 yrs? Where was your wife born?

[pontevecchio]

Please involve an Immigration Lawyer who will talk to your DUI Lawyer to minimize potential damage. Do not make any decisions without talking to the Immigration Lawyer.

[deshpremi]

A one-time DWI should be OK, but be very careful that you dont get any more DWIs. It could affect your immigration badly, especially for any repeating crimes. And you could also be called for an interview before making a decision on your GC.

 

Another possible issue could be: when you are filing for I-485, you will be asked by your employer's attorney in the I-485 application, "if you were ever arrested or convicted of any crimes?". And you will have to truthfully answer that as YES. Now, this will let your employer know about your arrest records. If your job does not get affected by DWI (most tech jobs are not), it should be good. But, just be ready for that.

 

If you could get a "pre-trial diversion" program, that would be better than a conviction. check with your lawyer, if you could qualify for that. Because, if you do, then you dont have to answer YES to any question that asks you about any "Convictions". But, will have to say YES for any questions that asks you about any "Arrests". Hope this h