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Ok, in 90% of the cases, no a 1st time DUI years ago would have no effect on getting citizenship, or maybe a small bump on the road. However, you are supposed to have "good moral character" to change to a citizen, but within the last 5 years!
So wait until September 1, 2009 and then apply afterwards. In any event, so long as you it is just a 1st time DUI, it does not count as a crime of moral turpitude nor an aggravated felony (the death knell to nearly all hopes of immigration.) However keep in mind that multiple minor crimes can constitute behavior that tends to show a person is NOT of good moral character. So usually one minor crime, though DUI is at the bad end of the minor crime list, you will be ok. In your case, the 5 year bar makes it so you are fine. I have put the USCIS info below for your perusal: Good Moral Character Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she: has committed and been convicted of one or more crimes involving moral turpitude has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more has committed and been convicted of two or more gambling offenses is or has earned his or her principal income from illegal gambling is or has been involved in prostitution or commercialized vice is or has been involved in smuggling illegal aliens into the United States is or has been a habitual drunkard is practicing or has practiced polygamy has willfully failed or refused to support dependents has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act. An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions. 11 people marked this answer as good
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Reputation Level 14
Answered over 2 years ago.
DUI / DWI Attorney in San Diego, CA.
You should consider hiring a California DUI Attorney Specialist to handle your case. There may be a number of things that can be done. Free evaluations and consultations are usually available if you do your research and due diligence.
Generally speaking, because DUI is not considered a crime of moral turpitude, you will not be deported. See the analysis and referenced cases in http://caselaw.lp.findlaw.com/data2/circs/9th/0... e.g. WARNING: THE RULES REGARDING IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS MAY CHANGE DRASTICALLY IN THE NEXT FEW MONTHS. REPRESENTATIVES MUST RE-EVALUATE CASES NOW. 2 years ago, the House passed HR 4437, an extraordinarily harsh and far-reaching bill that among other things changes several basic rules about how crimes impact immigration status. We do not know which, if any, of the provisions affecting crimes will become law. The Senate will convene in mid-January and begin a debate on that bill, as well as other major immigration reform bills, that will last weeks or months. Some of the HR 4437 crimes provisions have received a lot of publicity. For example, HR 4437 makes unlawful presence in the U.S. a federal felony, and has provisions that can be read as criminalizing basic humanitarian work or casual assistance to any undocumented person. However, other provisions that affect noncitizens convicted of crimes are more technical and not as well known, but will affect applicants for adjustment, naturalization, asylum, etc. whose cases will be adjudicated under new laws. If provisions from HR 4437 were to be passed, many of them would apply retroactively to old convictions. Until we know what crimes provisions from HR 4437 will become law, our advice to advocates is to carefully re-evaluate a client's past convictions before filing or proceeding with an affirmative application like adjustment or naturalization, or even asylum if the filing deadline permits. What is a "safe" conviction now may be dangerous later. If an adjudication, especially for citizenship, can take place before we get a new law, the best strategy might be to hurry forward. However, if that is in doubt and if delay is possible, representatives may want to hold back cases until there is more information. The following are some of the most relevant crimes provisions that were passed in HR 4337, and that might or might not become law in the first half of 2006. For those advocates familiar with the federal cases, we'll cite some of the cases that are being overturned. This is a preliminary advisory. Later the ILRC will make a more detailed analysis of the crimes-related grounds, as well as other parts of the legislation Under HR 4437: -- Three DUI convictions, including misdemeanors, will constitute an aggravated felony. -- An undocumented person who is convicted of driving under the influence, or violates state law by failing to take a breathalyzer test, is deportable and subject to mandatory detention. State officers are directed to identify such persons and refer them immediately to immigration authorities. -- First minor drug convictions that were considered eliminated under Lujan-Armendariz v Ashcroft will no longer be eliminated for immigration purposes. -- The domestic violence/child abuse deportation ground also will be a basis for inadmissibility, as will an aggravated felony conviction. -- Solicitation to commit a crime will be considered an aggravated felony. Thus offering to commit a drug trafficking offense will be an aggravated felony, overturning U.S. v Rivera-Sanchez, Leyva-Licea and Coronado-Durazo. Sec. 201(a)(3). -- Aiding and abetting an aggravated felony will be an aggravated felony. This overturns Corona-Sanchez, Penuliar, Martinez-Perez. Sec. 201(a)(3). .... For questions, Immigrant Legal Resource Center 1663 Mission Street, Suite 602 San Francisco, CA 94103 Related Questions2 Attorney answers: 
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