Will A Dui Deny My Boyfriend From Passing The I-821D?

[gferraro94 0]

This weekend my boyfriend got pulled over and was charged with a DUI. his BAC was very very low and the cop says he will get a fine and need to go to court and traffic school. We are now applying for his papers and the I-821D form. Will him having a DUI affect his chances of getting approved?

we also live in PA if this helps

[JoseG 383]

According to USCIS,

Q&A

You're going to have to talk to an immigration attorney before you submit the application now that he got the DUI, because according to this, he doesn't qualify anymore.

[gferraro94 0]

so does that meen he will be denied?

[JoseG 383]

I'm not familiar with the system, but he would have to go to court first, then if he is found guilty, then he will be charged with DUI and according to USCIS, that's a Significant Misdemeanor.

Although I'm not sure about this first part where it says that a maximum of one year in prison or less, but greater than five days. If he doesn't go to jail for more than five days he can qualify? That's the part that I'm unsure about.

You would have to speak to an immigration attorney.

[gferraro94 0]

ok thank you. the cop said he could go through a program which would erase this off his records. I just dont know how long this program takes to complete, so was unsure if i could submit now or wait until its off his record

[Theresa 63]

I would wait until it clears up. Even if you have tickets you might want to pay them off first is what I was told.

[pswa83 302]

being charged with a DUI is never a good thing. it doesnt matter what the BAL is, if one is charged with it then he/she is charged.

usually what happens is that once a court date is set, there will be guidelines in which the person will need to follow.

AA meetings

Community Service

Traffic School

Fines that need to be paid.

Probation

also, if the person has a DL, then it will be suspended until all the guidelines are met. if one does not have a DL, then he/she will probably not be allowed to get their DL for a certain time.

usually if all the guidelines are met and the fines paid, then after the probation period is over, he/she can ask to have it taken off their record.

you can submit his DACA application now and include the arrest record in his paperwork, or wait until after you submit and see if an RFE is sent to you.