DUI

DUI and I-485 Application: What Applicants Must Know Before Filing Adjustment of Status

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If you are applying for a US green card through Form I-485 (Adjustment of Status) and have a DUI (Driving Under the Influence) on your record, you are not alone. This is one of the most common concerns we see and one of the most misunderstood areas of immigration law.

A DUI does not automatically disqualify you from adjusting status. However, it can trigger heightened scrutiny by USCIS, including medical review, requests for evidence, or even denial if not handled properly. At The Messersmith Law Firm, we have successfully guided many clients with DUI histories through the I-485 process and secured green card approvals.

Does a DUI Affect an I-485 Application?

A single, non-aggravated DUI is generally not a ground of inadmissibility under US immigration law. That said, USCIS does not review DUI cases in isolation. During I-485 adjudication, officers examine:

  • Criminal history
  • Moral character
  • Public safety concerns
  • Evidence of alcohol abuse or dependency
  • Medical exam findings (Form I-693)

A DUI can prompt USCIS to look deeper which may lead to a denial if the case is properly prepared.

Why USCIS Scrutinizes DUI Cases in Adjustment of Status

USCIS evaluates I-485 applications under INA §212 inadmissibility grounds. A DUI may raise concerns in two key areas:

1. Crimes Involving Moral Turpitude (CIMT)

A simple DUI is usually not a CIMT. However, it may become one if aggravating factors exist, such as:

  • DUI with injury or death
  • Driving on a suspended license
  • Reckless endangerment
  • Multiple DUI convictions

If USCIS classifies the offense as a CIMT, it can affect admissibility unless an exception or waiver applies.

2. Alcohol Abuse or Dependence

USCIS may focus heavily on medical inadmissibility, especially if:

  • There are multiple DUIs
  • BAC levels were very high
  • Court records mention substance abuse treatment
  • The civil surgeon identifies alcohol dependence

A finding of current alcohol dependence can result in a Class A medical inadmissibility, which may lead to denial unless resolved.

DUI and the Immigration Medical Exam (Form I-693)

The I-693 medical exam is often the most critical part of a DUI-related I-485 case. If USCIS knows about a DUI, the civil surgeon may:

  • Ask detailed questions about alcohol use
  • Request court dispositions
  • Refer the applicant for a substance abuse evaluation

If the doctor finds the applicant is not currently alcohol dependent, the case can proceed. If dependence is found, the application may be delayed or denied until remission is documented.

What Happens at the I-485 Interview With a DUI?

USCIS officers commonly ask:

  • When and where the DUI occurred
  • Whether alcohol or drugs were involved
  • Whether anyone was injured
  • Whether court requirements were completed
  • Whether there have been repeat offenses

Inconsistencies, minimizing the incident, or lack of documentation can seriously harm credibility.

Can a DUI Lead to I-485 Denial?

Yes. Denials usually occur when USCIS finds:

  • Alcohol dependence or abuse
  • A DUI qualifying as a CIMT
  • Multiple DUI convictions showing disregard for the law
  • Failure to disclose the DUI
  • Misrepresentation under INA §212(a)(6)(C)(i)

Successful DUI and I-485 Case Examples

Case 1: Single DUI, Marriage-Based Green Card Approved

A Canadian applicant applying through marriage had a DUI from three years earlier. We properly addressed the issue and provide strong evidence. USCIS approved the I-485 without issuing an RFE.

Case 2: DUI Triggered Medical Review, Case Saved

An employment-based applicant’s DUI caused USCIS to request further medical evaluation. We coordinated with the civil surgeon. The green card was approved after supplemental review.

Case 3: Multiple DUIs but Rehabilitation Proven

A client with two older DUI convictions faced serious scrutiny. We represent the client at the I-485 interview. USCIS approved the I-485 after interview.

Get Legal Help With Your DUI and I-485 Application.

Legal guidance is strongly recommended if:

  • You have more than one DUI
  • The DUI involved injury or aggravating factors
  • You are concerned about medical inadmissibility
  • You have prior immigration issues

A DUI does not have to derail your green card application but how you handle it matters. Early legal strategy can mean the difference between approval and denial. At The Messersmith Law Firm, we have successfully helped many applicants with DUI histories obtain green cards.

Contact us at 305-515-0613 or info@messersmithlaw.com
Same-day consultations available.

DUI and Green Card: Can a DUI Affect My US Immigration Status?

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A DUI (Driving Under the Influence) arrest can be terrifying, especially if you’re a green card holder, visa holder, or immigrant applying for permanent residence.

The good news? A single DUI doesn’t automatically mean deportation or green card denial. But depending on your case especially if injuries, drugs, or repeat offenses are involved it can create serious immigration consequences. At The Messersmith Law Firm, we’ve helped immigrants protect their green cards and status after DUI arrests by working closely with both immigration and criminal defense counsel.

Can a DUI Affect My Green Card?

Yes a DUI can affect your green card application or status, depending on:

  • The facts of the arrest (alcohol level, injuries, or drugs)
  • Number of offenses
  • Type of immigration benefit you are applying for
  • How the case was resolved in court

While one minor DUI conviction may not automatically make you inadmissible or removable, it can trigger extra scrutiny by USCIS, ICE, or the immigration court.

How USCIS Views DUI Offenses

In recent years, USCIS has taken a much tougher stance on DUI related cases especially under the Trump and post Trump enforcement guidelines. Common USCIS concerns include:

  1. Moral character issues — DUIs can be viewed as evidence of poor moral character, especially for citizenship (N-400) applications.
  2. Criminal grounds of inadmissibility — DUIs involving drugs, injuries, or multiple offenses may trigger INA §212(a)(2) grounds.
  3. Public safety and national interest — USCIS may deny adjustment of status if the DUI raises public safety concerns.

When a DUI Can Cause Immigration Problems

Not all DUIs are treated equally. Here are situations where a DUI can threaten your green card:

1. DUI with Controlled Substances

If drugs (not just alcohol) are involved, you may be deemed inadmissible under INA §212(a)(2)(A)(i)(II) for violating a controlled substance law even without conviction.

2. Multiple DUI Offenses

Two or more DUI convictions can indicate a habitual problem, causing USCIS to question good moral character.

3. DUI with Serious Injury or Death

If your DUI caused injury or death, it could be charged as a felony or crime involving moral turpitude (CIMT) both serious for immigration.

4. DUI During Pending Immigration Application

If you are waiting for a green card, adjustment of status, or naturalization, a new DUI arrest may cause delays, RFEs, or denials until the case is resolved.

5. DUI and Immigration Detention

Immigrants with pending criminal charges especially those without lawful status risk being detained by ICE after a DUI arrest.

Can I Still Get a Green Card After a DUI?

Yes but a DUI can seriously complicate your green card process, and how you respond right now can make the difference between approval and denial. USCIS and US consulates increasingly treat DUI arrests and convictions as potential signs of inadmissibility, especially if alcohol abuse, multiple incidents, or injury to others are involved. Even a single DUI can trigger additional background checks, medical exams, and delays in your case.

If you’ve had a DUI and are applying for adjustment of status or consular processing, don’t take chances. A misstep in your response or medical documentation can result in denial or permanent inadmissibility.

DUI and Green Card Renewal or Citizenship

If you already have a green card a single DUI will usually not affect renewal but if you apply for naturalization, USCIS may find you lack good moral character especially if the DUI was within the 5 year statutory period before applying for citizenship.

DUI and Waivers Under US Immigration Law

If a DUI triggers inadmissibility due to drug involvement or moral turpitude, you may still be eligible for a waiver under:

  • INA §212(h) – For certain crimes of moral turpitude
  • INA §212(d)(3) – Nonimmigrant waiver for temporary visas
  • INA §212(a)(9)(B)(v) – For unlawful presence combined with a DUI

Frequently Asked Questions (FAQ)

Q1. Can I be deported for a DUI?

You can be detained or placed in proceedings if you have multiple DUIs, felony DUI, or DUI with drugs or injuries.

Q2. Will a DUI affect my green card interview?

Yes. USCIS will ask about any arrests or convictions.

Q3. Can I travel outside the US after a DUI?

If your DUI makes you inadmissible under immigration law, reentry could be denied.

Q4. Can I apply for a green card with a pending DUI case?

It’s risky. USCIS may delay or deny your application until the criminal case is fully resolved.

Get Legal Help After a DUI — Protect Your Green Card Today

At The Messersmith Law Firm, we’ve successfully helped clients overcome DUI related immigration challenges and secure their green cards. We know how to present your case in the best possible light under immigration law. A DUI doesn’t have to end your American dream but you must act fast. We will analyze your case and develop a plan to protect your green card and immigration future.

Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com
Schedule your confidential consultation today to get legal help after a DUI.