Can I get my citizenship eventhough I have a DUI with two misdemeanor counts?

Asked about 1 year ago - San Diego, CA

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?

Attorney answers (8)

  1. Francis Rowland Pabst

    Contributor Level 9

    7

    Lawyers agree

    Answered . 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.

  2. Ambrosio Eduardo Rodriguez

    Pro

    Contributor Level 6

    6

    Lawyers agree

    Answered . You should be able to get your citizenship, but that is not guaranteed. You should find an immigration attorney that specializes in post-conviction relief for immigrants.

  3. David Philip Shapiro

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Possibly/Hopefully. Best thing you can do is hire an experienced immigration attorney to assist.

    Good Luck!

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  4. Michael A Harris

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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 &... more
  5. Anthony David Scott

    Contributor Level 11

    2

    Lawyers agree

    Answered . You need a qualified immigration attorney to answer this question.

    Contributions to AVVO.com do not establish an attorney-client relationship.
  6. Jay Scott Finnecy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Might be an uphill battle, but you have good factors in your favor.

    Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com
  7. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, but hire a good counsel to present the application correctly.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  8. Patricia Marie Alleborn

    Contributor Level 5

    1

    Lawyer agrees

    Answered . 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/Expungement...

    I hope for a favorable outcome in your case.

    By answering this question, I am not entering into an attorney client relationship. This is for general... more

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DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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