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

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.