My brother application/situation

sageflow

Registered Users (C)
Hello, I am posting on behalf of my brother who is applying for citizenship.

He has [Edit: 3]things on his record: DWI charge in 1999 (19 years old at the time) and a drunk in public charge in 2006 (marital issues). How will these things affect his application. I know they do not look favorable, but will they be enough to prevent him from being accepted? [Edit: he also just told me he had a second DWI arrest on October 1999, but that it was dismissed. He was under the allowed alcohol percentage (0.02; limit was 0.08) but was arrested because he was under 21 and there was a no tolerance rule. But it was all dismissed in court]

Also, he has failed to pay some taxes due to the fact that he was in financial trouble from his small business going down. He failed to file taxes that year and still owes them. However he is currently on a payment plan with the IRS to get that paid off. How will this be viewed? Will it matter much even though he is on a payment plan with the IRS?

With these items on his record is it better for him to do this through a lawyer? or should he just submit the application himself and get one if it is necessary. He's prefers not to spend the money on a lawyer but will if he has to.


Lastly, his greencard expires in [Edit: he says it expires June 2, 2009. so 5 months from now approximately] , so is it advisable for him to apply for a renewal? or just go ahead with the citizenship application (does not need to travel outside the country)

I know I have a lot of questions, and we would be grateful to hear your opinions.

Thank you for your time. :)
 
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Unless he applied for naturalization at least 6 months prior to green card expiration, he has to apply to renew the green card. At the naturalization interview they will require him to produce either an unexpired card, or a receipt showing the card renewal was applied for, or show that he applied for naturalization at least 6 months before the card expired. So if he didn't already apply for naturalization 2 months ago, he'll need to renew the card anyway.

With three alcohol-related incidents, he could get denied for being a "habitual drunkard", but maybe he'll be OK because two of those were more than 5 years ago.

I don't think those offenses would make him deportable, but to be more certain he should consult a lawyer for a proper legal opinion.
 
His case sounds somewhat complicated,, with the drinking and driving and the taxes he owes etc,

it is in his best interest to consult a lawyer with all those issues first.
 
Hello, I am posting on behalf of my brother who is applying for citizenship.

He has [Edit: 3]things on his record: DWI charge in 1999 (19 years old at the time) and a drunk in public charge in 2006 (marital issues). How will these things affect his application. I know they do not look favorable, but will they be enough to prevent him from being accepted? [Edit: he also just told me he had a second DWI arrest on October 1999, but that it was dismissed. He was under the allowed alcohol percentage (0.02; limit was 0.08) but was arrested because he was under 21 and there was a no tolerance rule. But it was all dismissed in court]

Also, he has failed to pay some taxes due to the fact that he was in financial trouble from his small business going down. He failed to file taxes that year and still owes them. However he is currently on a payment plan with the IRS to get that paid off. How will this be viewed? Will it matter much even though he is on a payment plan with the IRS?

With these items on his record is it better for him to do this through a lawyer? or should he just submit the application himself and get one if it is necessary. He's prefers not to spend the money on a lawyer but will if he has to.

Lastly, his greencard expires in [Edit: he says it expires June 2, 2009. so 5 months from now approximately] , so is it advisable for him to apply for a renewal? or just go ahead with the citizenship application (does not need to travel outside the country)

I know I have a lot of questions, and we would be grateful to hear your opinions.

Thank you for your time. :)

Better to get a lawyer for the whole N-400 application, and specially the interview. Good luck. Keep us posted how it's going !!!
 
Thanks for all the replies, I told my brother it was better to get a lawyer for his case.

I will keep you posted on the developments!
 
Thanks for all the replies, I told my brother it was better to get a lawyer for his case.

I will keep you posted on the developments!

Do lawyers tend to say it is OK for their applicants to file when it is actually not simply because they can make money
by providing service?
 
Do lawyers tend to say it is OK for their applicants to file when it is actually not simply because they can make money
by providing service?

It all depends. I'm sure there are many unscrupulous lawyers who would do just that, knowing that they personally cannot lose. Conversely, there will also be over-conservative lawyers who would advise against filing simply because they don't have the knowledge, skills or inclination to put up a fight that may ultimately be victorious. That's why you should always choose a lawyer based on recommendation, and even then, only one that has previous experience of cases very similar to your own.
 
It all depends. I'm sure there are many unscrupulous lawyers who would do just that, knowing that they personally cannot lose. Conversely, there will also be over-conservative lawyers who would advise against filing simply because they don't have the knowledge, skills or inclination to put up a fight that may ultimately be victorious. That's why you should always choose a lawyer based on recommendation, and even then, only one that has previous experience of cases very similar to your own.

I just can notr imagine how USCIS officers know what they should do if when lawyers don't have a clue. Lawyers are suppsoded to be more knowledgable
than USCIS officers.
 
I just can notr imagine how USCIS officers know what they should do if when lawyers don't have a clue. Lawyers are suppsoded to be more knowledgable
than USCIS officers.
I know that the USCIS service centers have their own staff lawyers and I would assume that the district offices either have access to these, or have their own too. I doubt the front-line adjudicators can defer to a lawyer but I bet their supervisors, or the supervisor's supervisors, can.
 
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