Legal Question in Immigration Law in California

Green card, naturalization and misdemeanor DUI

I have been a permanent resident since 02 and was on H1 B visa before. I have been in the US without significant interruption since 1993. I have been permanent resident simce 02 and are eligible for naturalization. Unfortunately I was arrested for DUI and reckless driving in 06 while on a business trip in North Carolina and pleaded guilty to level 4 misdemeanor DUI (level 5 being the lowest). The reckless driving charge was dropped. a) what are my chances if I apply for naturalization this year? b) will a renewal of the greencard (due in 2012) be affected? Thanks


Asked on 2/19/08, 7:43 pm

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Green card, naturalization and misdemeanor DUI

You should be fine. You should retain an attorney to file the naturalization.

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Answered on 2/19/08, 7:57 pm
Janet Greathouse Greathouse Law Firm

Re: Green card, naturalization and misdemeanor DUI

As you may be aware, one of the requirements of naturalization is showing that you are of good moral character. Although the focus is on the previous 5 years from the time of filing the naturalization application, even if you file your naturalization application more than 5 years after your conviction, you would still need to address it.

There are 2 main concerns with DUIs - 1) whether it is a crime involving moral turpitude; and 2) whether it is evidence that you are a habitual drunkard. Based on the information you provided regarding the DUI, the likelihood of either applying to your case is probably not that great.

In any case, you probably should retain the services of an attorney to assist you in dealing with this issue properly. As I said, without seeing the conviction documents, I cannot say for certain whether your DUI would be considered a crime involving moral turpitude.

With respect to your green card, the green card expiration date pertains solely to the document, meaning that your lawful permanent resident status does not expire with the expiration of the card. Lawful permanent resident status has no expiration date.

I hope this was helpful, and if you have any other questions or would like to schedule a free consultation, please feel free to contact me.

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Answered on 2/19/08, 8:31 pm


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