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3 misdemeanors applying for US citizenship

Glendale, CA |

I was charged with 148 (a) PC in 11/1996. I completed my required court order requirements and got off probation for that case. I procrastinated getting my US Citizenship because I was afraid of denial for that case in 1996. However, I got into some more trouble in 2008 and 2009 with two consecutive DUIs that included a probation violation. I am currently on probation and have completed 36 mos of the 48 imposed by the court. I want to apply for citizenship but want to make sure I'm off probation when I do so. I would like to request an expunction for my case in 1996, but I don't know if the fact that I still have 12 mos left in my probation will be a cause for the court to deny my petition. My green card is up for renew in 2014 and I would rather apply for citizenship instead. Thanks.

I was charged with 148 (a) PC in 11/1996. I completed my required court order and got off probation for that case. I picked up a 1st DUI in 2008 for which I went through an alcohol education program and paid fees and was imposed a 3 yr probation sentence. In 2009 I picked up a second DUI with a high BAC and the fact that I was still on probation didn't help. The DUI sentence included the probation violation and I served a 60 day jail sentence, paid a fee and attended alcohol education program for 2 years. All has been completed except for the 48 mos probation for which I still have 12 mos remaining. My green card is up for renew in 2014, I've been a legal resident since 1993. Technically I will have 5 years clean 12/2009-probably by 2015. My question, should I just renew my green card then apply for Naturalization? BTW- some criminal attorneys have advised that I could ask the court for an early probation release -perhaps to what I have currently completed "36 Mos."

Attorney Answers 3


  1. I've changed the practice area to "immigration." Immigration attorneys are familiar with these scenarios and can give you better advice than an attorney who specializes only in criminal defense.


  2. Don't waste your time/money on an expungement ... it won't work for immigration purposes.

    You should meet with an attorney to discuss your convictions 48 months of probation indicates a very serious DUI conviction.

    If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I agree with my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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