Is aggrivated dwi (refusal to blow) going to prevent me from attaining immigration ? Is this a considered moral turpitude ?

Asked over 1 year ago - Las Cruces, NM

I was convicted of aggrivated dwi for not blowing into police breathalyzer "not wanting to self criminate myself" hence the aggravating factor. Is this against moral turpitude and grounds for rejection of n-400 application..

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . Depending on the exact language of the conviction/statute ... it 'might' be a problem.

    Meet with a local attorney who knows the attitude of the local CIS examiners.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.

    You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Tripti Sharad Sharma


    Contributor Level 19

    Answered . If this incident happened within the past 5 years, it does not look like a good case for naturalization. However, discuss all facts with a competent immigration attorney to proceed.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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