2 DWI's should I applied for citizenship?

[jzastoria]

Hello all,

Im new to this but i found alot helpful and mixed information...

My name is jay I'm 33 years old and from NY, Here's my story I have 2 DWI's one in 2002 and a recent one for which im almost done with the programs...

Both of this DWi's are misdemeanors, non agravated, BAC .10 for the first one, and the second one I refused because I felt that It was improper as I have been drinking medicine, and allergie pills the whole weekend. I only had 2 shots of whiskey when I was arrested (I was not drunk but a case of bad luck, long story)

Anyway, I have worked my whole life, my wife and I dated 3 years before my daughter, we were high school sweethearts, and separated 2 years after we got married, from there on it was on & off, we live separate lives and I basically raised the kid by myself, as the mother would dissapear for months at a time. I have also been taking care of my 80 year old moms since 1999. I have brothers, and sister but they are living their own lives in different countries, europe, puerto rico, and here in the US in florida which we never hear from. None of them help my moms financially and leave it all up to me, and they are older than me.. so is basically me, my moms and my daughter..

My wife, or exwife not sure what to call it as we are still married is US born citizen, and we got married in 97 a year after my daughter was born. I have been living in the US with a visa since I was 6 years old and my visa was always renew so I was never really illegal. after we got married I got my conditonal PR papers and immigration never gave us any problems I guess because of the kid..

ever since i have been working paying taxes etc.. However, i recently was going to apply for my citizenship but do to an emergency with my moms I had to use the money, and the money I saved up for her so i never got a chance to apply).

I spoke with a lawyer who said that 2 dwi's are not going to keep me from my citizenship because they are not CMT. he also said that I should apply for citizenship 6 months after im done with all the courts requirements which do not include probation.

I have read in many threads that u should wait at least five years so the whole moral thing wont go into consideration with immigration.... in some i read the risk of deporation etc

Im not sure what to do here, it just doesnt sound right to me, should I look for a second opinion? what do you guys think. any advise?

Thank you all and Im sory for the long story..

 

[Bobsmyth]

Did you ever get conditions removed from your GC?
Two misdemeanor DWI's are not automatic denials to naturalization. However, since the second DWI occurred within the statutory period, the IO may still deny you based on lack of good moral character..it really depends on the IO you get since they have discretionary power to evaluate good moral character.

 

[Triple Citizen]

Why doesn't it sound right to you? Just curious!

I have read in many threads that u should wait at least five years so the whole moral thing wont go into consideration with immigration.... in some i read the risk of deporation etc

Im not sure what to do here, it just doesnt sound right to me, should I look for a second opinion? what do you guys think. any advise?

 

[jzastoria]

Thank you both for the answers and I apolgyzed for not clarifying that. in Regards to your questions Bobsmyth, I did received a conditional back in 97 or 98, dont really recall, than I received another card which says Permanent resident, the card was received on 3/19/1998 and it expires on 7/31/2011, Category IR6.

Triple Citizen as per your question, The guys im dealing with is not a lawyer (i just call him that) he's more of a consultant, he's actually a friend of the family and he has being doing this for over 25 years, he holds many certificates and awards due to his work with immigration,he's very involved with immigration law, politics and he's part of the ecuadorean american association, this is what he does for a living. However, the reason why I said it doesnt sound right is because im reading all this forums with mixed info, where some people recommend to not apply until the 5 years past, and My consultant is telling me we can apply after 6 months, he also mentioned that If I get another dwi that there's no chance of citizenship and may be even face deporation...

so after reading many forums, including immigration lawyers websites is confusing because up until now I have not read of deportation on a 3rd DWI unless is aggravated, felony, or consider CMT, which is the reason it makes me question his answers to me.. im not saying that thats my case because is not. Im not sure if I shoulf get a good immigration lawyer or stick with him... do you guys know of anyone who is good in ny? I also read that is better to get an aggresive lawyer, than one who just files for you and hopes eveything goes good.

oh by the way, I pulled up my DMV abstract yesterday for one of my programs, and I forgot about the the no seat belt ticket back in 2007. a $40 fine. which remind me about a ticket I received back in 2000 which is not on my abstract, I cant recall what it was, but it was not for speeding or any major traffic violation, I remember I was a complete stop when it was given to me.. Im not even sure how to go about finding this out... but for the most part, I dont have any tickets, may be your occasional parking ticket because the meter expired but thats it..

Thank you all again..