[CA] Naturalization application with DUI and Green Card expiring date approaching soon

jk94

New Member
#1
Hi, is there anyway that I can renew my Green Card outside of the before-6-month period?

My current green card expires at the end of March 2020 and according to the book, I have to apply 6 months prior of the expiration date which is the end of
September 2019.

However, I would like to apply for the naturalization as soon as I get an early termination on probation & expungement of my case after serving half of the probation term, which will be April of 2019.

Assuming early termination probation and expungement take about 2 months, June 2019, I can apply for the naturalization.

Here comes the question:
Can I still renew my green card on September 2019 during the process of naturalization? Or are there any ways that I can apply earlier/outside the 6 month period of renewal of green card?

Also, applying for naturalization with DUI on record within 5 years.. What are the odds? I've graduated from a university, landed a full time job and got myself promoted from agent position to manager position within 6 months of employment, and I am planning to do volunteer work starting next week. I can also get a letter of recommendation from my previous/current employer.

Thanks in advance for any advices.
 

Jbuff

Active Member
#2
No. You'll have to apply for the GC renewal as per USCIS instruction not before.

When it comes to Immigration the word "expunged" pretty much doesn't exist. As in you'll have to disclose the arrest and they will still see the charge.

Expungement makes it hard to almost impossible to get required court documents required by USCIS. So get as many original copies of your Disposition. Or your original copy of the final order of Expungement. USCIS will keep the original. That way you always have a copy for yourself

You can apply for a renewal of your GC and apply for n400 right after.

Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none.

Eg. Don't know if this applies to you. Prosecutor tells you to join a programme or do probation for a certain amount of time. When that probation is over the case will be dismissed. Basically a diversion programme. That's accepting guilt in the eyes of USCIS
 
#3
The above is bad advise, i.e. "Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none."

That is total crap. Sure anything is possibly with an IO but it would be highly unlikely you will be denied.

I had a DUI in CA and as soon as I was half way through, just like you I requested the balance of my probation be reduced (it was but in Orange County the DA's office are dicks and won't do it - I told the judge my GC was expiring, which it was and needed to apply for citizenship, so he over ruled the DA's recommendation not to reduce my probation, just an fyi for you in case you face something similar and you can be prepared, bring your GC to court)

The reason it's not an issue is that it is not a crime of "moral turpitude", assuming you didn't get a felony DUI, your BAC was not excessive and you had no priors. Just make sure you have all court records, arrest records etc., as stated above.

Expungment is only for your benefit in future jobs etc. etc., not immigration as stated above. So go ahead and apply for your N400 once you have the court documents showing your probation has been satisfied and over, don't wait for the expungment.

As for applying for a GC, don't bother, save your money. Just apply for the N400 as you will then be in process for the N400. Note: your physical GC expires but your permanent residency doesn't, so even if you get denied your N400 (you won't), you can apply for your new GC after that - you won't be out of status and you don't lose your permanent residency (if you are going to travel abroad, then yes get your GC)

I applied for my N400 in Feb, just as soon as the court had dismissed my probation. Sept my GC was expiring. I never applied for the renewel and when I recieved my citizenship in Sept, my GC was expired when I handed it in at the oath ceremony.

Good luck.

Also, search the forum, many people here have applied and been approved for their N400 within 5 years of getting a DUI
Also, search the forum on why you don't need to renew a GC while your N400 application is lodged. (people get worried they may be out of status or lose their permanent residency, which is not the case)
 
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Jbuff

Active Member
#4
The above is bad advise, i.e. "Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none."

That is total crap. Sure anything is possibly with an IO but it would be highly unlikely you will be denied.

I had a DUI in CA and as soon as I was half way through, just like you I requested the balance of my probation be reduced (it was but in Orange County the DA's office are dicks and won't do it - I told the judge my GC was expiring, which it was and needed to apply for citizenship, so he over ruled the DA's recommendation not to reduce my probation, just an fyi for you in case you face something similar and you can be prepared, bring your GC to court)

The reason it's not an issue is that it is not a crime of "moral turpitude", assuming you didn't get a felony DUI, your BAC was not excessive and you had no priors. Just make sure you have all court records, arrest records etc., as stated above.

Expungment is only for your benefit in future jobs etc. etc., not immigration as stated above. So go ahead and apply for your N400 once you have the court documents showing your probation has been satisfied and over, don't wait for the expungment.

As for applying for a GC, don't bother, save your money. Just apply for the N400 as you will then be in process for the N400. Note: your physical GC expires but your permanent residency doesn't, so even if you get denied your N400 (you won't), you can apply for your new GC after that - you won't be out of status and you don't lose your permanent residency (if you are going to travel abroad, then yes get your GC)

I applied for my N400 in Feb, just as soon as the court had dismissed my probation. Sept my GC was expiring. I never applied for the renewel and when I recieved my citizenship in Sept, my GC was expired when I handed it in at the oath ceremony.

Good luck.

Also, search the forum, many people here have applied and been approved for their N400 within 5 years of getting a DUI
Also, search the forum on why you don't need to renew a GC while your N400 application is lodged. (people get worried they may be out of status or lose their permanent residency, which is not the case)
How is my advise crap?

From the sound of it you will be the IO officer interviewing the OP... Congrats!!!

I answered all of the OP questions and the only thing you did was tell us about your DuI and guarantee the OP will get citizenship.

Your Dui Charge with your N400 approval that's great... Everyone's case is different. You can't tell him he's guaranteed an approval.
Details makes all the difference. Eg was he simply stopped at a checkpoint... Pulled over for a busted tail light or pulled over for reckless driving. The IO will interpret that as far as approval.


A Criminal charge will always lessen your odds of an N400 Approval. A Criminal charge with a conviction will lessen those odds even more. As I told the OP
 
#5
How is my advise crap?
I stated this in my reply, it was clear and obvious.

You stated...
"Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none."

This is just your opinion and based on nothing more than your erroneous opinion. Fact is a DUI is NOT a crime of "moral turpitude" and therefore not a reason to not approve an N400.

Sure I'm not an IO, but I and many others WHO ACTUALLY HAVE HAD A DUI and RECEIVED OUR N400 have written on here of our experience, you just comment on your opinion. i.e. real experience vs opinion. Also, I and many others have researched what USCIS ruling is on the matter, you should do your homework before you give bad advice and the person who doesn't know any better puts off his application for 5 years - i.e. giving bad advise has consequences on people.

Here's the facts "For instance, the Board of Immigration Appeals has held that a conviction for driving under the influence is not a crime involving moral turpitude. See In re Lopez-Meza, 22 I&N Dec. 1188, 1194 (BIA 1999) (concluding that simple DUI is not a crime involving moral turpitude); see also Matter of Torres-Varela, 23 I&N Dec. 78, 85 (BIA 2001)."

Then you go on to state this...
A Criminal charge will always lessen your odds of an N400 Approval. A Criminal charge with a conviction will lessen those odds even more.
No it won't, stop making blanket statements. Crimes of moral turpitude and a history of repeat offenses are what is important, NOT 1 criminal charge. This is just an opinion of yours and while a person should take care not to get into trouble, IT WON'T "always lessen your odds"

A final thought, if someone corrects me, with a logical and fact based argument, I acknowledge it and say "you know what, that guy is correct and I didn't have complete information, it was just my opinion and he demonstrated the facts". That is the mature response, and if you are truly interested in helping the person, you want them to have the best advise, wherever it comes from.

Or you can take offense to being corrected, and continue with your position, even after it's been demonstrated you are wrong. Then you are not truly interested in helping that person and more interested in protecting your "opinion".
 
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Jbuff

Active Member
#6
I stated this in my reply, it was clear and obvious.

You stated...
"Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none."

This is just your opinion and based on nothing more than your erroneous opinion. Fact is a DUI is NOT a crime of "moral turpitude" and therefore not a reason to not approve an N400.

Sure I'm not an IO, but I and many others WHO ACTUALLY HAVE HAD A DUI and RECEIVED OUR N400 have written on here of our experience, you just comment on your opinion. i.e. real experience vs opinion. Also, I and many others have researched what USCIS ruling is on the matter, you should do your homework before you give bad advice and the person who doesn't know any better puts off his application for 5 years - i.e. giving bad advise has consequences on people.

Here's the facts "For instance, the Board of Immigration Appeals has held that a conviction for driving under the influence is not a crime involving moral turpitude. See In re Lopez-Meza, 22 I&N Dec. 1188, 1194 (BIA 1999) (concluding that simple DUI is not a crime involving moral turpitude); see also Matter of Torres-Varela, 23 I&N Dec. 78, 85 (BIA 2001)."

Then you go on to state this...

No it won't, stop making blanket statements. Crimes of moral turpitude and a history of repeat offenses are what is important, NOT 1 criminal charge. This is just an opinion of yours and while a person should take care not to get into trouble, IT WON'T "always lessen your odds"

A final thought, if someone corrects me, with a logical and fact based argument, I acknowledge it and say "you know what, that guy is correct and I didn't have complete information, it was just my opinion and he demonstrated the facts". That is the mature response, and if you are truly interested in helping the person, you want them to have the best advise, wherever it comes from.

Or you can take offense to being corrected, and continue with your position, even after it's been demonstrated you are wrong. Then you are not truly interested in helping that person and more interested in protecting your "opinion".
I'm not protecting my opinion. Only one here that seems more interested in protecting their opinion. Is you!!!!! FYI anything here anyone posts.. Myself and including you it's an opinion!! A DUI isn't an automatic bar. Like I said it lessens your chances . You told the OP to do a forum search on members who got approved with a DUI. Aside from that I personally know a few people that got denied and approved with A Dui. My "opinion" comes from being part of Immigrant community.

When did I ever tell the OP to put of his/her application for 5 years? For someone that prides themself in Googling such as yourself . Take the time to read and interpret. Smh


I've done a forum search and found members who got denied because of it. With that said you have a great day and at this point the OP has gotten what ever little advice he was looking for. Whether it be from me or you. Aka as guess what? "an opinion" Replying back to you after this would just be pointless
 
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jk94

New Member
#7
I stated this in my reply, it was clear and obvious.

You stated...
"Seeing that your DUI charge was recent. Just a FYI you also accepted guilt in the eyes of USCIS when you took the probation. Chances of a N400 approval are slim to none."

This is just your opinion and based on nothing more than your erroneous opinion. Fact is a DUI is NOT a crime of "moral turpitude" and therefore not a reason to not approve an N400.

Sure I'm not an IO, but I and many others WHO ACTUALLY HAVE HAD A DUI and RECEIVED OUR N400 have written on here of our experience, you just comment on your opinion. i.e. real experience vs opinion. Also, I and many others have researched what USCIS ruling is on the matter, you should do your homework before you give bad advice and the person who doesn't know any better puts off his application for 5 years - i.e. giving bad advise has consequences on people.

Here's the facts "For instance, the Board of Immigration Appeals has held that a conviction for driving under the influence is not a crime involving moral turpitude. See In re Lopez-Meza, 22 I&N Dec. 1188, 1194 (BIA 1999) (concluding that simple DUI is not a crime involving moral turpitude); see also Matter of Torres-Varela, 23 I&N Dec. 78, 85 (BIA 2001)."

Then you go on to state this...

No it won't, stop making blanket statements. Crimes of moral turpitude and a history of repeat offenses are what is important, NOT 1 criminal charge. This is just an opinion of yours and while a person should take care not to get into trouble, IT WON'T "always lessen your odds"

A final thought, if someone corrects me, with a logical and fact based argument, I acknowledge it and say "you know what, that guy is correct and I didn't have complete information, it was just my opinion and he demonstrated the facts". That is the mature response, and if you are truly interested in helping the person, you want them to have the best advise, wherever it comes from.

Or you can take offense to being corrected, and continue with your position, even after it's been demonstrated you are wrong. Then you are not truly interested in helping that person and more interested in protecting your "opinion".
Hey djh, thank you so much for your reply.

During the time of arrest, I refused to do any chemical test and it does state that in the arrest report.

However, the court dropped the charge and only applied the VC23152(B) on the court document, having excessive BAC of 0.08 and higher.

Do you think that will affect the outcome of my naturalization? Should I just bring the court document at the interview? :( I'm just worried and concerned about the actions I've committed during that time.. Never again.

I am also planning on doing the volunteer work since I have graduated from university and have time during the evening after my work.

Do you also think hiring an immigration officer for naturalization under DUI on the record is a good thing?

Thanks a lot!
 
#8
To answer your questions....

"During the time of arrest, I refused to do any chemical test and it does state that in the arrest report.
However, the court dropped the charge and only applied the VC23152(B) on the court document, having excessive BAC of 0.08 and higher.
Do you think that will affect the outcome of my naturalization?"


No, .08 or higher is by definition a DUI. (i had a 0.10) It could be an issue if your BAC was .2 or higher but your's wasn't so it's a moot point. Your DUI arrest and conviction is at issue and that's it.

"Should I just bring the court document at the interview?"

Yes, bring all court documents with you and your arrest record. If you do not have these, go to the police station that arrested you and the court where you were tried and bring those with you. Note: You must provide either original or court certified documents with your application, so make copies to bring with you.

:( I'm just worried and concerned about the actions I've committed during that time.. Never again.

Is the DUI the only issue or did you have other extenuating circumstances at the time or have you been arrested for anything else? If no, then you don't have an issue, just complete the application, honestly answer all the questions and include the documents. Same thing applies for your interview. It will be brought up, (most likely), answer the question and confirm you are no longer on probation, BRING THAT COURT DOCUMENT WITH YOU AND INCLUDE IN YOUR APPLICATION. The IO will be thorough in your application and go through every point including this, but don't worry, they have to go through your whole application.

I am also planning on doing the volunteer work since I have graduated from university and have time during the evening after my work.

That's ok, but it will not be an influence or be of real interest to the IO

Do you also think hiring an immigration officer for naturalization under DUI on the record is a good thing?

Do you mean an IO as your representative or lawyer? It's not necessary and in my opinion might be to your detriment, i.e. focus unwarranted attention needlessly on your issue, plus the cost. (I didn't but this is a personal choice)
 
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#9
Also you stated you refused to do a chemical test? Did you do a breathalyzer? You only have to do one or the other. (in some instances a urine test is allowed)

If you refused both, then you automatically have a DUI. However refusing is more pertinent to your driving license in CA and you will automatically get a suspension for 1 year, and the additional jail time they assess.

Whether you did or didn't isn't pertinent as you were arrested and charged with a DUI and that it is your criminal record you are dealing with, not all the procedures (unless you were violent, resisting arrest, etc.)

If you did refuse both, It most likely won't come up, however, just like any question in your application, you should be prepared to have an answer that paints you in the best possible light. Just stating I didn't want to etc., would not be a good answer.
 
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jk94

New Member
#10
Also you stated you refused to do a chemical test? Did you do a breathalyzer? You only have to do one or the other. (in some instances a urine test is allowed)

If you refused both, then you automatically have a DUI. However refusing is more pertinent to your driving license in CA and you will automatically get a suspension for 1 year, and the additional jail time they assess.

Whether you did or didn't isn't pertinent as you were arrested and charged with a DUI and that it is your criminal record you are dealing with, not all the procedures (unless you were violent, resisting arrest, etc.)

If you did refuse both, It most likely won't come up, however, just like any question in your application, you should be prepared to have an answer that paints you in the best possible light. Just stating I didn't want to etc., would not be a good answer.
Hey djh, I really appreciate your responses.

What I am most concerned about is a refusal that they had charged me in the beginning, which I did refuse both test and they had to contact the judge to get me a 'search warrant' so that they can draw my blood out of my system without my permission. (I know this was the stupidest choice at the moment, couldn't drive for 1 whole year and had to commute taking 2 hours each way to school and back home). However, the charge was dropped and it does not indicate any on the court document.

As I'm reading the police report that the officer wrote at the scene, it's a bit concerning. I wonder if the IO reads all the police reports word by word..

Whether you did or didn't isn't pertinent as you were arrested and charged with a DUI and that it is your criminal record you are dealing with, not all the procedures (unless you were violent, resisting arrest, etc.)

Can you clarify what this statement means? Are you saying that the procedures aren't important but the fact that I had a DUI on the record is the most important part?
 
#11
So the court records don't mention it, which is good.

The police report mentions it, which you don't want to highlight. A police report may or may not be in the "arrest record". I would go to the police station and request an "official arrest record", stating you need to provide documentary evidence that you were arrested and date. Usually it's a one pager with no police officer notes on it, it's more of a form. (It's the arrest record you want to include in your N400 application)

My arrest record did NOT include the officers notes/police report, i.e. my field sobriety tests, my refusal for the initial pre-screen breathalyzer, my refusal for the breathalyzer or my acceptance of a blood test. Hopefully yours doesn't and that way you will have no need for you to go into details about your refusal.

I'd go the police station now and request the arrest record, to see what you get and if it does include all the notes, just say, no, what I need is just the "summary" record.
 
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jk94

New Member
#12
So the court records don't mention it, which is good.

The police report mentions it, which you don't want to highlight. A police report may or may not be in the "arrest record". I would go to the police station and request an "official arrest record", stating you need to provide documentary evidence that you were arrested and date. Usually it's a one pager with no police officer notes on it, it's more of a form. (It's the arrest record you want to include in your N400 application)

My arrest record did NOT include the officers notes/police report, i.e. my field sobriety tests, my refusal for the initial pre-screen breathalyzer, my refusal for the breathalyzer or my acceptance of a blood test. Hopefully yours doesn't and that way you will have no need for you to go into details about your refusal.

I'd go the police station now and request the arrest record, to see what you get and if it does include all the notes, just say, no, what I need is just the "summary" record.
Thanks for all your help! I think my arrest records state everything. I have not been to the police station yet, but from the copies that the attorney sent me during the time, it had all the reports from the police officer at the time.

I will definitely try to expunge my probation next month and apply for naturalization and see what would happen.

Will definitely update this thread
 
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