I have been a greencard holder for almost 7 years already. I have never applied for a citizenship. Last year i got charged with three separate DUIs which all happened within a 4 months period. I'm still beating the cases with my lawyer. I got charged with the aggrevated DUI for the 3rd case as also was on suspended licence and lost a trial where i was found guilty. The second DUI case is going to be dismissed-no evidence, and the first one is still in process. What would happen with my legal status? Will i be eligible for citizenship or be deported?
You can not be eligible for citizenship while on probation for your DUIs.
Those DUIs do not, however, render you deportable.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
6 lawyers agree
Have an immigration lawyer review your criminal files.
Most likely you'll have to wait an additional 5 years before you're eligible to file for citizenship.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
4 lawyers agree
You cannot naturalize while you are on probation.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
14 lawyers agree
You need to consult with an immigration attorney who will review your criminal file. That being said, one cannot naturalize while still on probation. Additionally, provided what you mention, you will in most likelihood need to wait an additional five (5) years before you file for naturalization.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
1 lawyer agrees