Kv244

If a Green Card holder commits a minor offense (drivers license
suspended for 3 months due to 1st ever DUI with 6 month probation, no
jail or anything like that), will this be an issue when applying for
citizenship? Will it reset the citizenship clock - i.e., must s/he
wait 5 years from the time the probation is over before applying for
citizenship?

Thanks.

Alf

Minor convictions or offenses can be a bar to the
naturalization, even may result in deportation.
However, these crimes only come to the attention of the
immigration authorities just because one takes some action,
i.e. applying for citizenship. Otherwise, s/he should be okay.

I believe others will give you the same suggestion: if you decide
to go ahead with naturalization process, get yourself a good
lawyer especially one who is familiar with immigration
and criminal offenses. This is not situation where you want
to do it by yourself.

Of course there is always an option not to apply for
citizenship and go about your happy life.

Oh, FYI there is no such a thing as resetting citizenship
clock or waiting many more years because someone
committed a crime. But there is this thing about possible
deportation proceeding if immigration finds out.

Good luck.

"kv244" wrote in message
news:[email protected]...
    > If a Green Card holder commits a minor offense (drivers license
    > suspended for 3 months due to 1st ever DUI with 6 month probation, no
    > jail or anything like that), will this be an issue when applying for
    > citizenship? Will it reset the citizenship clock - i.e., must s/he
    > wait 5 years from the time the probation is over before applying for
    > citizenship?
    > Thanks.

simon bland

although I had no crimes against me when I went for my Interview, the examiner, during idle chit chat, waiting for her computer to respond,stated that they tend to disregard small crimes over 5 years old

lairdside

The Board of Immigration Appeals (BIA) found in an unpublished case decided in 1998 that DWI was a CMT based on the fact that the person was using a weapon (the automobile) which is capable of doing great bodily harm.

In a triumph of logic, on May 10, 1999 the BIA reversed itself, reopening the case on its own motion. The new decision provides that DWI, as defined in the Texas law, is a "regulatory offense," and does not require any criminal or depraved intent. Therefore it is not a CMT.
Unless there have been any subsequent changes to contradict this and in some way DUI could be considered a CMT ( Crime of Moral Turpitude), I'd think you should be ok. I'd have to check the Anti Terrorism and Effective Death Penalty Act (AEDPA) just incase though amongest other things.
If you really want to be sure (and safe) I'd seek an attorney's advice.

Ingo Pakleppa

On Mon, 07 Apr 2003 16:20:55 +0000, Alf wrote:

    > Minor convictions or offenses can be a bar to the
    > naturalization, even may result in deportation.
    > However, these crimes only come to the attention of the
    > immigration authorities just because one takes some action,
    > i.e. applying for citizenship. Otherwise, s/he should be okay.
    >
    > I believe others will give you the same suggestion: if you decide
    > to go ahead with naturalization process, get yourself a good
    > lawyer especially one who is familiar with immigration
    > and criminal offenses. This is not situation where you want
    > to do it by yourself.
    >
    > Of course there is always an option not to apply for
    > citizenship and go about your happy life.
    >
    > Oh, FYI there is no such a thing as resetting citizenship
    > clock or waiting many more years because someone
    > committed a crime. But there is this thing about possible
    > deportation proceeding if immigration finds out.

You are right that the citizenship clock won't get reset. But there is a
separate five-year clock: for the five years preceding the application for
citizenship, you must have shown to be of good moral character. A DUI is
generally not a problem here, but it would be a problem if you lied about
having had a conviction.

    > Good luck.
    >
    > "kv244" wrote in message
    > news:[email protected]...
    >> If a Green Card holder commits a minor offense (drivers license
    >> suspended for 3 months due to 1st ever DUI with 6 month probation, no
    >> jail or anything like that), will this be an issue when applying for
    >> citizenship? Will it reset the citizenship clock - i.e., must s/he
    >> wait 5 years from the time the probation is over before applying for
    >> citizenship?
    >> Thanks.

Ingo Pakleppa

On Tue, 08 Apr 2003 02:15:54 +0000, simon bland wrote:


    > although I had no crimes against me when I went for my Interview, the
    > examiner, during idle chit chat, waiting for her computer to
    > respond,stated that they tend to disregard small crimes over 5 years old

This is actually in the law.

Note that there is another aspect to it: BCIS may ignore such small
crimes, but you must still disclose them. A few years ago, there was a
review of citizenship cases, and many recently naturalized citizens lost
their citizenship again because they failed to disclose a crime - even
though the crime itself wouldn't have prevented their citizenship.

Kv244

Thanks for all the feedback - to recap, do I need to wait 5 years
until my probation for the DUI is over to even think about applying
for citizenship (so that I avoid the Moral Turpitude accusation)? I
have had my GC for 1 1/2 years, and my record is otherwise completely
clean, this is the only 'stain'. Again, there was no jail or anything,
just suspended license for 3 months and 6 month probation, report to
the officer every other month. Or should I go ahead and apply when 3
1/2 years from now when my 5 years since GC was obtained are up, of
course declaring the DUI? I have maintained continued employment with
the same company for 5 years, have a Master's degree, ...etc. This DUI
was really an unfortunate exception.

Also, my DUI (not immigration) lawyer suggested applying for a Motion
to Dismiss the DUI in 2 years, which, if I am hopefully a decent
person in the meantime, will clean my record (based on recommendations
from my employer, friends, etc). Will this help in any way?

Ingo Pakleppa

On Fri, 18 Apr 2003 08:04:38 -0700, kv244 wrote:

    > Thanks for all the feedback - to recap, do I need to wait 5 years until
    > my probation for the DUI is over to even think about applying for
    > citizenship (so that I avoid the Moral Turpitude accusation)? I have had
    > my GC for 1 1/2 years, and my record is otherwise completely clean, this
    > is the only 'stain'. Again, there was no jail or anything, just
    > suspended license for 3 months and 6 month probation, report to the
    > officer every other month. Or should I go ahead and apply when 3 1/2
    > years from now when my 5 years since GC was obtained are up, of course
    > declaring the DUI? I have maintained continued employment with the same
    > company for 5 years, have a Master's degree, ...etc. This DUI was really
    > an unfortunate exception.

You should really hire an immigration attorney to advise you on this. But
my take on it is that you can simply apply as if the DUI had never
happened. Disclose it in your application, of course. It should not be a
problem. But even if it is, all that would happen is that your citizenship
would get denied. You could then simply reapply right away (assuming that
the five years from the "good moral character" issue expired).

INS, a few years ago, stopped deporting people for DUIs, so I don't think
it should be a problem any more.

    > Also, my DUI (not immigration) lawyer suggested applying for a Motion to
    > Dismiss the DUI in 2 years, which, if I am hopefully a decent person in
    > the meantime, will clean my record (based on recommendations from my
    > employer, friends, etc). Will this help in any way?

Unfortunately, such things will not make a difference at all in the eyes
of immigration law. The only thing that would make a difference is if the
original conviction was changed retroactively. For instance, if you, the
prosecutor and the judge get together and decide that really a lesser
crime would have been more appropriate.