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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109662
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was arrested for (first) DUI, and the case is still pending

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I was arrested for (first) DUI, and the case is still pending in court. NO court trial or NO plea bargains are made yet. My attorny told me that, it will take a month to get the certified copy of police report. Since it has happened in 4 days ago.
I have (second) I-485 finger printing appointment on september 20, and expecting AOS interview pretty soon as the visa dates are current.

Please shed some light on the following.
1.Would it be a good idea to rescedule the fingerprinting appointment (as a result the interview schedule get delayed), so that I will have sometime to get the certfied copy of police report.
2.How this pending first DWI case will affect my I-485/AOS. If the DUI case is in pending at the time of interview, will the INS officer deny my I-485?
3.What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?

1) Don't worry about the fingerprinting appointment. Let that run normally. But if the interview for the AOS comes before you resolve the DUI, then you will want to reschedule that interview.


2) They should not deny you for 1 simple DUI. The problem is that they will not approve you until the DUI is closed because they want to see that you handle it correctly. So that's why it is important to reschedule if you have not closed the case yet. They will want certified copies of the police report and the court disposition (how the case ended).


3) And no, a denial of the I-485 does not result in a denial of the H1B. But if you are passed the 6th year of the H1B, you would not be able to extend again.

Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you