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DUI in CALIFORNIA for green card holder. Different strategy?

Sacramento, CA |

I'm a greencard holder married to a US citizen, was planning to apply for citizenship this year, and just got a DUI. My breathalyzer test was .20. I understand that applying for citizenship is currently out of the question. My question is, what should my goal be during this process if I am ever to have hope of applying for citizenship? I can handle losing my license, classes, community service, jail time. But what do I need to avoid for immigration purposes? Perhaps the question is, what will give me the possibility of one day having this charge "expunged"?

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Attorney answers 5


expungement does not work for immigration purposes, hire a good criminal attorney

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


Expungement is not relevant for immigration purposes. Stay out of trouble, and when you complete your probation, apply for naturalization.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.


Expungement does not count fr immigration purposes. Apply for naturalization once no longer on probation.

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.


If you have not been sentenced, you should hire an attorney to negotiate with the district attorney so you get a sentence that is the least damaging to your immigration status.

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. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


You should consult with a trusted defense attorney as soon as possible. You should be sure to discuss the option of denying probation.

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