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  • DUI AND N-400

    I have two dui charges within five years.first case owi, fine and cost $ 650,no probation and no jail time. second also $850 and 14 months probation,no jail time.I am a green card holder since1996.Am I eligible for applying my citizenship now? the INS will make any problem ? please help me.

  • #2
    I have two dui charges within five years.first case owi, fine and cost $ 650,no probation and no jail time. second also $850 and 14 months probation,no jail time.I am a green card holder since1996.Am I eligible for applying my citizenship now? the INS will make any problem ? please help me.


    • #3
      you could be permanently not-eligible for naturalization based on being an "habitual drunkard" depending on if you can prove that you're not an "alcoholic" or if you have gotten treatment.

      If both problems are considered "convictions for immigration purposes" (which they sound like), this would be very tough to prove and would make you "removabble" as well. Just the last conviction by itself actually is an "aggravated felony" (because more than 12 months of punishment).

      You should consult a good immigration attorney, in my humble opinion you're not eligable for naturalization and could trigger removal proceedings if you apply.


      • #4
        First DUI is not a problem, the second one might are *not* removable, because DUI generally is not a crime involving moral turpitude, and not an aggravated felony. You'd still need to show "good moral character" to be approved for citizenship, though. There is actually a formula that the immigration officers use to evaluate the criminal history of an applicant, but I do think that you might have a chance of being approved.


        • #5
          Hanbal is right. To protect your status you should find an attorney. Good luck to you.


          • #6
            Drinking and driving is a crime! Having a repeat offense is just plain STUPID! The US will be better off without you. Perhaps that will give my children a chance to grow up and not be killed or maimed by a jerk like you.



            • #7
              Well said mad, even Americans should not do this...


              • #8
                any conviction of more than 180 days (14 months of probation is way beyond that as you can calculate pretty well yourself) in the first 5 yrs. of an immigrant's legal entry is considered a CIMT (!)

                Even though some courts have argued that "simple" and first time DUI is not a moral turpitude issue, you may find out that it well is (especially repeat offenses).


                • #9
                  hanbal, why are u so sure what counts as a "sentence of imprisonment" and what does not? A straight sentence of probation or conditional discharge without any suspended term of imprisonment is not considered 'jail sentence'. One has to check carefully what exactly the court papers say, as the sentences change from state to state.

                  Yes, there are some States that give sentences like "one year jail sentence, suspended, and placed on probation," but I guess some other states do not consider the probation period as being actually a suspended term of imprisonment -- it has the effect of suspending sentence, that is to say if the defendant violates the terms of probation s/he will be resentenced to whatever the judge deem appropriate -- but it is not the actual suspended term (at least in the State where I live.)

                  For instance for a misdemeanor offence punishable by a maximum of 1 year in jail, you may get sentenced to 18 months conditional discharge/probation, but that does not mean that you have received a suspended sentence of 18 months, just see what the maximum sentence can be - 12 months. Do you understand what I mean?


                  • #10
                    Assuming that the second DUI was not during the time period that your license was suspended (because in that case you would have been charged with "DUI While License Suspended", and you are not saying so) these two simple DUIs do not amount to one of the grounds that would prevent you from showing good moral character.


                    A simple DUI does not constitute a crime involving moral turpitude. On the other hand, a DUI offense committed while the defendant was "absolutely prohibited" from driving does violate the accepted norms of society sufficiently to constitute a crime involving moral turpitude. A person may be found guilty of aggravated DUI (which would be a "crime involving moral turpitude") by committing a DUI offense while knowingly driving on a suspended, canceled, or revoked license or by committing a DUI offense while already on a restricted license owing to a prior DUI.


                    • #11
                      What state laws define or not, doesn't matter for federal (speak immigration) purposes (federal law supersedes). Immigration amendments, the most recent sweeping ones are from 1996/97, state clearly what constitutes a "conviction for immigration purposes", please go check, it should be rather very easy to find this information.

                      State rehabilative measures such as suspensions, probations, expungements etc. have absolutly no affect on the condition to disqualify for a conviction. Once an alien pleas "guilty" or "nole" in court (in front of a judge) and is being "punished" in some way (and that could be literally just a slap on the hand), that person has been convicted. It may or may not have much effect for an U.S. citizen or in the rest of the state(s), but it will most likely have a serious effect on one's immigration status!

                      Seeing from the smiley with the sun classes, I take it that the first poster thinks that dui is a fun thing to do and not to be taken too seriously. Unfortunatly that is not so; drunk drivers seldom get hurt seriously in the crashes they cause, because their musculature is so "relaxed" from the alcohol inhibition of nerve impulses via the brain, that their adipose tissue functions as a bumper), but the people they hit get hurt very bad. I believe that the laws are just, especially for repeat offenders!

                      The original poster of this forum has clearly lots of growing to do...


                      • #12

                        This person does not have two convictions -- we all know that for the immigration does not really matter if ya are placed on court supervision, probation, or given plain ole conditional discharge as long as you have pleaded guilty -- but if you see a little bit further in that same statute you'll find what constitutues "term of imprisonment" (from the Federal immigration standpoint,) a definition which will have to be applied to the actual sentencing the alien got from the State where he lives.

                        Now you want him/her to be considered deportable - so be it! - but for the sake of the laws, let's not see what emoticons this person has attached to his/her post, will we?


                        • #13
                          oops sorry, I see now the first sentence must read:

                          "....This person does have two convictions..."


                          • #14

                            Check out AA first! And do not drive drunk. Get a designated driver. Goodluck with your citizenship papers. HTH


                            • #15
                              seppi what is AA?.....and then, this person is not saying that he did it on purpose, I hope he understands he's wrong...and it is in this latter case that I for one would like him to be successful in applying for citizenship.


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