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Green card and DUI

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My family and I are going through the employment based greencard application process. Unfortunately I was arrested for DUI in Indiana last February and am going to plead guilty for DUI as a class A misdemeanor. There will be no jail but one year of unsupervised probation and 40h of community services. I am married and take care of my two stepsons. I am the primary applicant for the green card. If I do not get it, it will affect the possibility for the whole family to stay in US. At that time, both my wife and me are H1B and the kids are dependent. Should I wait until the end of the probation before I try to continue the application process ? Even after the completion of the probation period, is there a chance that the application is successful ?

Attorney Answer

1
Philip Eichorn ·
If you are applying through Indianapolis, you are in District 13. The general rule of thumb for this district is that they will not grant the Adjustment application for anyone who is on probation.
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