Legal Question in Immigration Law in California
I was arrested and convicted on one count of DUI in 1994, I finished the community service part, but I did not finished the alcohol classes part and then I went on with my life, I moved had another apartment; thinking it was over. Recently I found out I had a warrant for my arrest for 6 years, because I did not finished the alcohol classes; and the state cancelled the warrant and closed the case.( I am a permanent resident since 1987, I wasa born in Guatemala)
I have two question regarding this matter: why?? the state cancelled my warrant after 6 years without me doing or knowing nothing, I thought probation was over once I finished my community service, I misunderstood the courts because of a language and culture barrier it was not intentional.
And the last is:If apply for citizenship USCIS is going to look at the record and they are going to notice that 6 year spanned from my conviction to the cancellation of my warrant, in other words the will find out I did not finished probation,they cancelled my warrant and closed the case, I did not even know I had a warrant, as i told you I just found it out...is that going to affect me, the case was closed in year 2000.
Can I become a citizen????
1 Answer from Attorneys
First of all, there must be hundreds of immigration attorneys in California who could help you answer the question whether you can apply to become a citizen, and whether or not it is likely you will be granted citizenship. Apparently, you have either checked them out and they have advised in the negative, or you haven't and decided to try this website. The first thing I would do is obtain a copy of the FINAL DISPOSITION on your DUI. I don't know why a warrant for your arrest would be sitting for 6 years without your being aware of it, but since you did not finish the alcohol classes, the burden was on you to find out what happened. So, now, find out what happened and how the Court disposed of your case. If the case was closed, there must be a reason. This does not necessarily mean the charge was dismissed, but the only way you can find out is check with the court. There is no reason you cannot apply for citizenship, but you will have to reveal your arrest and conviction of the DUI. Then it will all depend on how the USCIS views the disposition on the case. Although the USCIS claims that you have to be a person of good moral character for five years prior to applying for citizenship, it does have the discretion to go back as far as it wants. They may want an explanation as to why you didn't finish the alcohol classes, if such evidence appears on a record after you take the fingerprints. Not finishing your probation (and not checking on it) will count against you. How much it will count against you will depend on how you have been comporting yourself since that time. If you have any other issues, DUI's or any problems with the law, then that old 1994 problem will resurrect its pointed little head and shoot a hole in your application for citizenship. I advise you find a good immigration lawyer in your area. Check with the American Immigration Lawyers Assn. website at www.aila.org, and find a lawyer to help you. Good luck!
Related Questions & Answers
-
My eighth year of H1b is expiring in apr2010 & 485/140 were denied because... Asked 9/17/09, 12:09 pm in United States California Immigration Law
-
What laws are available for undocumented immigrants, to become us citizens. Asked 9/17/09, 2:30 am in United States California Immigration Law