I came here on a K "fiance" visa and had filed my adjustment of status soon after my wife and I got married. my adjustment of status interview is coming up in a few weeks but unfornutately I was cited for drunk driving just yesterday. My first.

my question is, will my recent first offense drunk driving affect my adjustment of status application?

thank you so much for any information that you can provide.

Dear Mr. Barbey:

It probably will not affect your case, but criminal law varies state by state, so an immigration law attorney should review this matter before you attend your interview.

He or she will have to look at the specific allegations, and the state statute under which you were charged. In most instances DUI is not considered a crime involving moral turpitude, and since the sentence for a first offense is usually less than 6 months, there is no bar to your obtaining permanent residence. Good luck.

Thanks a million, this board is a relief for me and my wife.

Jon barbey

I have just submitted our I-485 application including our I-485 A (for 245i) with our payments.-I have an approved EB3, Schedule A Gr I I-140. I want to change my peitioner. How would I go about it?
1. Will the INS cancel my application if they saw a new I-140 on file for me?
2. If the EAD is released can I use it if I am already on the different petitioner?
3. WILL i PAY AGAIN THE $1,000.00 FINE.(I have already paid in the first I-485 application)?

Thank you very much....
SOL

Dear Sol:

If your current petitioner no longer wants to sponsor you, then the I-140 petition will be terminated, and your application for adjustment will be denied.

You can file a new I-140, but you will be starting the process all over again, and you will have to pay ALL of the fees again including the penalty.

If your application for adjustment remains pending for more than 180 days, and then is withdrawn, you can switch to a new employer in the same line of work, with similar job duties, and you can continue with your adjustment without paying the fees again. Good luck.