As long as this is your only offense and the Illinois statute does not allow for this charge to be a felony, you should be okay. It is best to consult an immigration attorney with criminal law experience in Illinois.
Alexus P. Sham firstname.lastname@example.org (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.
You should talk with an immigration attorney in your area. If you want to consult one here on AVVO select "Find a Lawyer" at the top of the page. Good luck.
It depends on the DUI as well as the outcome. Consult an immigration attorney before making the decision to file.
Khaja M. Din, Esq.
Din Law, LLC
Free Initial Consult For All Your Immigration Questions
I'm a little unclear about the timing of the DUI - were you recently arrested and have court in August or did you have the case last August? The approval of a naturalization (citizenship) application depends on several factors, including that you have good moral character and not be convicted of certain crimes for the 5 years before you apply. When it comes to crimes, some of them require that your application be denied. Others may not require denial, but will still result in denial, because the USCIS officer adjudicating your case can decide in his/her discretion that the crime is a sign that you do not have good moral character.
You should consult an attorney directly to go over the details of the DUI and your application as a whole - but as a general rule, I think it's unlikely that you would be approved if you still have a pending case, or if you are still on probation when you apply. Good luck!
www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
Immigration laws are still getting tougher and tougher, authorities don't look kindly on "crimes involving moral turpitude." Historically DUIs haven't fallen under this.
Under their logic, crimes involving moral turpitude are those that reveal a person's character. Such as drug use/abuse, prostitution, and theft. These can show a guilty mind whereas DUIs do not Since they have no intent component.
For example, a theft case requires that a person INTEND to take, and permanently deprive someone of something of value(simplified).
While a Speeding ticket only requires that the person was or was not speeding, how fast the person INTENDED to go is irrelevant.
Similarly, a DUI requires that a person was or was not intoxicated to the point of impairment at the time of driving.
So can a person can become a citizen with a DUI in their background? Perhaps, depends on the case and a person's background. The more severe a case, the more likely the person will never make it to citizenship status because they will have been deported long before that
You should see an immigration attorney though, Asking on here isn't enough. Go to an immigration lawyer, speak to them now, plan your future. Otherwise you're going to be worried about this for the next five years, and I'm sure you have better things to attend to.
My Answers are only informational in nature and DO NOT constitute legal advice. This is a good thing because I like to speak to my clients and hear them out before giving them direct, personalized advice. Call, Email, or Text me to receive actual advice. Sincerely, Vijay R. Sharma, President of the Law Office of Vijay R. Sharma VRSLegal.com
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