Mexican, over 15 years with green card, had a DUI 10 years ago and was convicted on two misdemeanor counts cause my Blood Alcohol was .20.... I joined the Marine Corps and went to Iraq, am a veteran but was Other Than Honorably discharged because I did not completed my time as a reservist. Can I still get my citizenship?
Criminal Defense Attorney
I have added an Immigration tag for this question as this really should be addressed by a qualified and experienced immigration attorney. Having said that, the DUI is an offense which MAY prevent you from gaining citizenship. However, it is not on the list of offenses which would guarantee you would not get citizenship. Considering the fact that it was so long ago and that you served in the military since I would think that you have a very good chance of gaining citizenship. This also assumes that you have no other offenses in your past. Again, a good immigration attorney will likely provide you with a free consultation in order to discuss your complete record and chances of gaining citizenship. Good luck to you and thank you for your service.
7 lawyers agree
Yes, but hire a good counsel to present the application correctly.
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3 lawyers agree
It has been more than 5 years since the conviction. But you should consult with an immigration attorney to review whether you have a Crime Involving Moral Turpitude (CIMT) under the law where you were convicted. Citizenship may be possible.
Sincerely, Michael A. Harris, Esq. Attorney at Law Florida Bar Board Certified Specialist in Immigration & Nationality Law HarrisLaw, P.A. Please view my contact information for more information about my professional background. DISCLAIMER: This online posting does not create an Attorney-Client relationship between you and HarrisLaw, P.A. unless you have received a signed written fee agreement for legal representation.
5 lawyers agree
I agree with the other attorneys; it is important to get a good immigration attorney who understands how to navigate these issues. With that being said, a criminal defense attorney may be able to request an expungement in your DUI case. An expungement -- if granted -- may mitigate the effect of your conviction. I have posted some information about expungements on my website, feel free to check it out: http://www.patriciamallebornlaw.com/Expungements.html
I hope for a favorable outcome in your case.
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1 lawyer agrees