Apply for green card after OUI

Several people who have written mention that they have DUI or DWI or OUI on their records because they pleaded guilty to the charges, served the punishment as prescribed and now want to adjust their status either based on employment or marriage.  Are they eligible for adjustment of status to permanent resident?



First of all, driving under the influence of any kind is not looked upon kindly by adjudicating officers at USCIS.  Being drunk while in control of a vehicle is considered irresponsible behavior because if an accident happens, the consequences can be disastrous.  Therefore, you should not try to file USCIS Form I-485 on your own and consult a competent immigration attorney.  The lawyer will review your case thoroughly to see if that was the only problem in your history or if you have also been an illegal immigrant for some time or have been arrested on other charges or convicted of minor offenses like misdemeanors or failed to file taxes in some years.  Only then the attorney will decide what the next steps are for you.  There really is no simple answer because the laws vary by state and each immigrant's total history has to be reviewed to come up with an answer.