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

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. 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. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. 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.


  4. 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. 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


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

    Contributions to AVVO.com do not establish an attorney-client relationship.


  7. 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


  8. 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.

    By answering this question, I am not entering into an attorney client relationship. This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. These answers are based on California Law. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established by participating in this process. If a party is interested in retaining me, I would be happy to meet with them at my office. www.patriciamallebornlaw.com

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