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Immigration / naturalization with D.U.I. charges in CALIFORNIA

Sacramento, CA |

This question is hopefully for an immigration / naturalization attorney. I'm a green card holder that recently got arrested driving at .20 in California, where .20 brings an additional "special allegation" which I've also been charged with. While I've hired an attorney to handle this, he's not very familiar with immigration issues, and I'm wondering what my priority should be from an immigration perspective:

1) Getting that special allegation dropped, which my attorney thinks is possible
2) Negotiating for lesser penalties, so that I can move on to trying to re-establish my "good moral character".

Any input from someone familiar with the immigration / naturalization process would be greatly appreciated.

(I've posted one other question separately)

Attorney Answers 6


Generally, a DUI will not implicate one's good moral character, but "special circumstances" may alter the analysis, especially if you are incarcerated during the statutory period. I recommend that you hire an immigration attorney to work with your criminal defense attorney in arriving at the least damaging plea agreement.

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I agree. DUI on and of itself is not sufficient to disqualify you for naturalization. At the same time, it might if it comes with a baggage. Please take you case for a very specific review with a good immigration attorney in California. At the very least, you owe it to yourself.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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I did notice your earlier post and it seems you were directed to consult with an immigration attorney in your area. This is common for most legal issues but especially with immigration matters. If you don't get what you are looking for in this post you can always try to find an immigration attorney in your area here on AVVO by selecting "Find a Lawyer" at the top of the page. Good luck.

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I would expect problems with showing good moral character, but that depends on the local office.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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See answer to other post.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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I agree with my colleagues.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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