Can a person with DWIs be eligible for a green card? 3 Answers as of April 20, 2011

I am a U.S Citizen. Can I petition for my father to come to the US? He was arrested twice for DWI bailed out and left voluntarily to Mexico. Is there still a possibility to get him a green card?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes with a very good I-601 waiver and some convincing showing that he stayed clean for the required period of time; my experience is 3 years minimum but ultimately it depends on the offense and/or jurisdiction, among other things. But it also depends on the kind of DWI he got . . . drugs, alcohol, etc..

The 1st one usually gets you probation and subsequent ones are the real thing. Especially if they occur during the probationary period and/or if they turned into some kind of an aggravated felony (ex: if he caused serious harm to others because of this). Lawyer-up before doing anything. Good luck!
Answer Applies to: California
Replied: 4/20/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It is still possible to gain a green card for your father. While a multiple number of misdemeanors dealing with crimes involving moral turpitude may disqualify an applicant for a green card, a DUI will not, unless there is independent findings of the DUI creating an aggravated felony. I believe your father has a chance, but I will need to know a good deal more. Please feel free to call or e-mail to set up a consultation, done either over the phone or in person. I hope to be of service to you and your father.
Answer Applies to: California
Replied: 4/20/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
The DWI arrests / convictions are usually not a problem.unless the doctor in Mexico determine he is an alcoholic (This is deemed a mental defect and a waiver I-601 could be required). Another potential issue to watch out: If your dad was illegally in the US for more than one year after April 1, 1997 and left to Mexico less than 10 years ago, he could be inadmissible for previous illegal presence. The official at the US Consulate may denied him his visa based on this ground of inadmissibility, unless he gets an approved I-601 waiver. You should consult in-person with an immigration attorney about this complicated issue.
Answer Applies to: California
Replied: 4/20/2011
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