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Does DUI / reckless driving effect my Citizenship Filing? While both are misdemanuer...

Los Angeles, CA |

Im green card holder with first time DUI trying to make it a reckless driving...

Attorney Answers 4

Posted

When did it happen? Is there a coniction? Please consult with a lawyer.

Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.

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Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

I meant "conviction", not "coniction".

Asker

Posted

It has happened just recently. Im a green card holder and this is my first DUI. I talked to a DUI attorney and he says we may reduce it from DUI to dry reckless driving conviction. My Question is which seesm to be worse for a USCIS officer: If I'm convicted for DUI or convicted for reckless driving? Which one affects the most about my moral character? How late can I request for expungment?

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

Expungement will help. It will still be a conviction as far as USCIS is concerned. Any convicton within 5 years immediately preceding the application will be considered as evidence of lack of good moral character.

Robert West

Robert West

Posted

Agreed, the charge does not matter but a dui in CA usually gets you probation. No citizenship while on probation.

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

Oops - what I meant was expungement will NOT help as far as USCIS is concerned.

Posted

You need to demonstrate good moral character, especially in the last 5 years. Also, you cannot be on probation during the application period. Probation must be terminated before you can apply for citizenship.

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Asker

Posted

Thank you, Im a green card holder and this is my first DUI. I talked to a DUI attorney and he says we may reduce it from DUI to dry reckless driving conviction in the court. But my DMV record still shows me arrested for misdemanuer. (not a DUI because I didn't breathe to the device, preferred to take blood test and we don't know the BAC yet, however potentially DMV will suspend my DL as DUI for any BAC of 0.07 or higher) My Question is which is most important or seems to be worse for a USCIS officer: If I'm convicted for reckless driving by criminal court or arrested by DMV for DUI? Which one affects the most about my moral character? How late can I request for expungment?

Curtis Frederic Pierce

Curtis Frederic Pierce

Posted

Reckless driving is preferable. An expungement would be useless for immigration purposes. Must not be on probation.

Posted

It can with probation.

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Posted

While both seem "harmless" as misdemeanors, make sure to get them reduced to a violation only. Make sure to obtain a certified disposition to be included with your application. I advice including a copy to send in with the application, and bringing an original to your interview. Since this is your first time offense, and depending on the final outcome, you should be able to demonstrate the required good moral character.

Contact Shokry G. Abdelsayed, Esq. at 201-471-7989. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.

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