What to do if my green card is still pending over a continued DUI case?

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What to do if my green card is still pending over a continued DUI case?

I’ve was arrested for DUI; the case has been pending for 3 years now. I’ve applied for I485 (been married for 3 years), they had asked if I was ever arrested, I said yes and sent them additional evidence (court disposition – case continued). Almost a year now and no response from immigration. When I called they made a service request, still waiting. Any ideas on how to close this thing?

Asked on October 3, 2011 under Immigration Law, Illinois

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible that your green card application is pending the outcome of your DUI case.  Since you were not able to show the disposition of the case at your green card interview, the officer was not able to make a final determination on your green card application.  I am not sure that there is anything you can do to expedite it or get a decision finalized unless and until you can get closure on the DUI matter.  What is the reason it is pending for so long?  Perhaps you should discuss this with the attorney handing the criminal (DUI) case and see if there is any way to get that finalized.  Once you have that, you can follow up with the USCIS office to see what is the cause for the delay and present them with the final order on the DUI case. 


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