Our client first came to the United States as an international student. A decade after he arrived, he was married to a U.S. citizen, building a home with her, and waiting on his marriage-based green card — with two serious problems in his file. He had fallen out of student status during a botched school transfer, and he had a DUI arrest that was still working its way through criminal court when he walked into his green card interview. Months later, USCIS sent a Request for Evidence (RFE) demanding the police report and proof of how the case ended. He could produce neither — USCIS was effectively asking for documents that did not yet exist. The police department refused to release the report because the case still showed as open in its system, and the court had sentenced him to three years of probation that had barely begun. We built a response that answered the RFE anyway and showed USCIS why he deserved a green card now, not in 2029. USCIS approved his I-485 in October 2026, about two weeks after our response was received.

Why a DUI is so dangerous in a pending green card case

Many people assume a single, first-time DUI is a minor issue in immigration. Often it does not, by itself, make someone ineligible for a green card. But that is not the same as being safe. Adjustment of status is a discretionary benefit: even an applicant who meets every legal requirement can be denied if the officer concludes the negatives in the file outweigh the positives. In recent years, USCIS has placed growing emphasis on that discretion, and a DUI is exactly the kind of fact that invites an officer to look harder.

Timing makes it worse. When a criminal case is still pending — or the sentence is still being served — USCIS cannot see the end of the story. Officers routinely pause the case and issue an RFE for the final court disposition, the police report, and proof that the sentence has been completed. Applicants who cannot supply those documents often assume their case is lost.

How a student's life in America went off course

After graduating from high school, our client went on to community college, then transferred to a university. That transfer is where things started to go wrong. The paperwork that should have moved his student record from one school to the other never fully went through. He was registered, paying tuition, and attending class — so he did not realize that, on paper, his student status had quietly broken.

In the spring of 2024, he was arrested for driving under the influence after an evening of drinking at a friend's home. Shortly after, the university dismissed him for academic reasons, and only then did he learn that his status had been in trouble for some time.

That same year, he met the woman who would become his wife, a U.S. citizen. They later married, bought a home together, and filed for his marriage-based green card.

What USCIS demanded, and why he could not comply

The Law Offices of Sabrina Li took over the case in mid-2026, before the green card interview. The interview itself went well: both spouses testified credibly about their marriage, and our client was candid about both his status violation and his arrest. But at that point his criminal case had not been resolved, and an RFE was all but certain once the court ruled.

The criminal case ended in a plea in August 2026. He was sentenced to 36 months of probation, running into 2029, along with a mandatory alcohol education program he had not yet completed.  

In September 2026, the RFE arrived. Among other things, USCIS wanted the certified police report and evidence of the final disposition of the case. Two problems stood in the way:

There was no police report to give. When our client asked the police department for a certified copy, he was told the case still showed as open in their system, and the report could not be released.

There was no "end" to prove. The sentence had just begun. No document in existence could show that probation or the alcohol program had been completed — and none would for years.

USCIS was asking for documents that, by any normal route, did not exist yet.

The legal standard: the question was never just "what happened"

An RFE reads like a checklist, and most people respond to it that way: find the requested documents, mail them in, hope for the best. When a document cannot be found, the instinct is to send an apology for its absence.

That approach misreads what the officer is really deciding. USCIS does need an accurate picture of the arrest and the court outcome. But in a discretionary case, that is only half of the question. The other half is whether, weighing everything in the record, approving the application is the right call. A response that only tries to fill the document gaps leaves that second question unanswered — and an unanswered question in a discretionary case tends to be resolved against the applicant.

Building a winning RFE response with missing pieces

The most important decision in this case was made as soon as the RFE arrived: not to let the missing police report and the unfinished sentence define the response. Those gaps were real, and we addressed them directly and honestly. The RFE gave roughly a month to respond. We filed the response ahead of the deadline.

The result: green card approved

USCIS approved our client's I-485 application in October 2026, about two weeks after receiving the RFE response. There was no second RFE and no request for a further interview. He is now a lawful permanent resident, living in the home he shares with his wife — and still completing his probation, exactly as the court ordered.

The approval did not require him to finish his sentence first. It did not require a police report the department refused to release. USCIS had asked for documents that could not be produced, and our response showed that the case could — and should — be decided without them. It required showing USCIS the full picture and giving the officer a well-supported reason to say yes.

Frequently asked questions

Can I get a green card if I am still on probation for a DUI? It is possible. Being on probation does not automatically disqualify you from adjustment of status, and our client was approved while serving a three-year probation term. But USCIS will look closely at the offense, the sentence, and the rest of your record, and the outcome depends heavily on how that record is presented. Speak with an experienced immigration attorney before you respond to any RFE.

What if the police department will not give me the police report USCIS asked for? Your case is not over. Police departments withhold reports for many reasons, including when a case is still marked as open. USCIS expects a meaningful response, not a shrug.  

Does a first-time DUI make me inadmissible? Usually not, on its own. A single DUI without aggravating factors generally does not bar a green card by itself. However, adjustment of status is discretionary, and a DUI can lead to an RFE, additional scrutiny, or a denial on discretionary grounds. Facts such as injuries, prior offenses, or other criminal history can change the analysis significantly.

I fell out of student status. Can I still get a green card through my U.S. citizen spouse? Often, yes. Immigration law treats spouses of U.S. citizens more favorably than most other applicants when it comes to past status violations. But a status violation can still count as a negative factor in a discretionary decision, especially when combined with other issues like an arrest. Each case depends on its own facts.

Should I leave my arrest off my green card application? No. USCIS conducts background and fingerprint checks on every applicant, and an undisclosed arrest will almost certainly be found. Concealing it can lead to a finding of misrepresentation, which is far harder to overcome than the arrest itself. Disclose fully, and get legal advice on how to present it.

Nationwide representation in green card cases with criminal history

If you have an arrest, a pending charge, or a sentence you are still serving, you may assume your green card application has to wait — or that it is already lost. Neither is necessarily true.

The Law Offices of Sabrina Li represents clients in marriage-based green card applications, adjustment of status RFEs and Notices of Intent to Deny, and cases complicated by arrests, DUIs, status violations, and other discretionary concerns. We have developed our own approach to these cases, and we know how to build a strong record when the documents USCIS expects are not available.

Immigration law is federal law, so from our offices in Los Angeles and Dallas, we represent clients throughout the United States. Are you facing an RFE about a criminal case, or worried about how an arrest will affect your green card? You do not have to face it alone. Every case turns on its own facts and evidence, and results vary; we would be glad to review your specific situation.

This case study is provided for general informational purposes only and does not constitute legal advice. Client-identifying details have been omitted to protect confidentiality, and case strategy and supporting evidence are described only in general terms. Every case is different, and prior results do not guarantee a similar outcome. Attorney Advertising.