Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have arrested with DUI twice. My last DUI is 2011. Now I…

Customer Question
Hello I have arrested with...
Hello I have arrested with DUI twice. My last DUI is 2011. Now I would like to go back to my home country and giving up green card. However if I have occasion to come back to U.S. with short trip in the future, Can I use ESTA program? Is the 2 DUI conviction would be serious crime?
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 33 minutes by:
3/3/2016
Immigration Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. I am afraid that the Visa Waiver Permit is "sensitive" to any criminal record. DUI would be considered serious enough to normally fail the ESTA online test (the program itself is called Visa Waiver Permit, ESTA is the online test for it for applicants). If the ESTA test fails, one would have to use a B2 visa, and depending on the circumstances of the convictions, perhaps a waiver, to visit USA for 10 years after the conviction.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ask Your Own Immigration Law Question
Immigration Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice in several areas, including immigration

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I have been on holiday in the USA several times in the last
I have been on holiday in the USA several times in the last 2 years using the visa waver program. I have however approx 3 years ago been arrested on suspicion of common assault, I was never charged, I… read more
Maverick
Maverick
Doctoral Degree
6,342 satisfied customers
I would like to ask a question regarding ESTA We are
Customer: Hello! I would like to ask a question regarding ESTA We are planning a group trip to the US in march and I got my ESTA approved today ( I've been in the US several times without any problems… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Question 1: I live outside the US. I was convicted with shoplifting
Question 1: I live outside the US. I was convicted with shoplifting an item worth $40 (outside the US) two years ago. The conviction/law specifically states that it was a petty offense for which the m… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Can someone show me where in the USCIS guidelines or laws
Can someone show me where in the USCIS guidelines or laws that when a green card holder or legal permanent resident gets convicted of any crime must report it to USCIS?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I was arresed in charge of drinking and driving about 20 years
I was arresed in charge of drinking and driving about 20 years ago and paied the fine also took some education programs. Since then, I haven't visited the US. Next year, I may go to Boston and am wond… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
hi im looking to travel to usa quite a bit next year, i'm going t
hi im looking to travel to usa quite a bit next year, i'm going to new york in March for one trip and then plan on going to LA and San francisco in Aug for a different trip and then going to Canada i … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I hold a "resident permanent card"expired on 02/03/2011 and
I hold a "resident permanent card"expired on 02/03/2011 and i live out of country. I forgot to renew my green card before the expiration date. Can i apply for a renew my green card?? Could be denied??… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am not a U.S. citizen. I am a holder of a U.S. Green Card,
I am not a U.S. citizen. I am a holder of a U.S. Green Card, that is set to expire in two months (may). My questions are: 1) How long will it take for immigration officials to process my application? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
hi, i am married to green card holder, as rules i know i have
hi, i am married to green card holder, as rules i know i have to back to my country as soon as tourist visa (2 wks) ends but right now he is in jail for suspended driving license, m told i wont get ex… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
How many times can I use ESTA per year and how many days can
How many times can I use ESTA per year and how many days can I live in US per year under ESTA?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Hi, I currently travel to and from the US on the visa waver
Hi, I currently travel to and from the US on the visa waver program. On my most recent trip I got an ACD for theft of service and possession of marawana. Can I still travel on an esta or do I need a v… read more
Expert James
Expert James
Doctoral Degree
12,485 satisfied customers
I am a UK citizen who lived in the USA on an L1 Visa from 2004-2009.
I am a UK citizen who lived in the USA on an L1 Visa from 2004-2009. In 1999 I was arrested and convicted of drink driving in the UK. When ever visiting the USA before 2004 I used the 'visa waiver' pr… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hi, I already submitted and received feedback on this topic.
Hi, I already submitted and received feedback on this topic. Due to some recent events, the situation has changed and I am looking to receive (3) independent answers on this, as it seems to be subject… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
This was not an immigration business law question ESTA question...upon
This was not an immigration business law question ESTA question...upon return to home country after use of an ESTA, having returned before the expiration date, how can one reapply for another ESTA to … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
For citizens of countries participating in the Visa Waiver
For citizens of countries participating in the Visa Waiver Program, would any arrest in the US forces you to change your approved and valid ESTA? Even if it is not related to the crimes listed in the … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Since I got my Green Card (by marriage) 5 years ago, I practically
Since I got my Green Card (by marriage) 5 years ago, I practically lived and worked outside the country. I did come back twice a year, but never stayed for more than 1 month each time. I also used a r… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Can you enter the U.S if you have an aid and abet D.U.I charge
Can you enter the U.S if you have an aid and abet D.U.I charge? I let a friend of mine drive my car over the limit. I am from Australia. Cheers.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Hi i live in Ohio have been convicted for shoplifting ...
Hi i live in Ohio have been convicted for shoplifting 2 times, both are misdemenors. I married american citizen and now applying for greencard. Do i have a change to get my greencard… read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x