Criminal Records, Expungement Adjustind status DUI(expunged)

[Gertok]

My wife is a RN and legally has a job at the hospital, Graduated university in USA, no criminal record.

Me: have Bachelors of Biology form the USA university. Legally employed by the university.
We both are on F-1 visa right now going through OPT.

We want to apply for adjustment of status, cause RNs are in schedule A. I will be applying as a spouse of RN. in Oct 2008 I was arrested for DUI and possession of weed. I pleaded guilty in abeyance and I am going through diversion program which ends this march(2010). After the successful completion of it, my charges will be expunged or dismissed(not sure which one is it, or if there is a difference). No prior convictions or violations of any kind.

Should be worried? should I wait till charges are dismissed?


Thank you!

 

[Michael Wechsler]

IMHO, you need to speak to an experienced immigration attorney ASAP. The problem with your arrest for DUI is that it also carries with it a drug offense. That's a double whammy - and you pleaded guilty. From my understanding, you have a challenge even with an arrest. If you want to know the options, speak to an attorney since your case is fact specific. Did you have one advising you with regard to the guilty plea?