My daughter was charged with Public intoxication when she was 17 (2 years ago) as a college freshman. My husband and I are planning on applying for our citizenship in June. Should we wait to put her application in until she is over 21 and her record is expunged? She is a good kid, who made a mistake - her first week living on her own. She is an A/B student, works part time, and is an active member in a number of her colleges' clubs. She does have one speeding ticket also. Any advice? Wait? Hire a lawyer?
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Do I need a lawyer - Citizenship application for daughter with PI charge?
- Thread starter slgo
- Start date
My daughter was charged with Public intoxication when she was 17 (2 years ago) as a college freshman. My husband and I are planning on applying for our citizenship in June. Should we wait to put her application in until she is over 21 and her record is expunged? She is a good kid, who made a mistake - her first week living on her own. She is an A/B student, works part time, and is an active member in a number of her colleges' clubs. She does have one speeding ticket also. Any advice? Wait? Hire a lawyer?
Whether yoour daugher decide to file now or later, there no need to hire a lawyer. Lawyers are not worth money over such a simple matter. In my opinion, lawyers are useful only if the case look bad on
surface but lawyers can come up with some laws ?(statute or court ruling) that still say applicant is eligible. At most you can hire a lawyer to write a legal addenlum to submit with her application, there
is no need to hire a lawyer to attend her interview. During interview, lawyers are only observers can the IO has no interest in discussing with lawyers. And bringing a lawyers to interview cost too much money
(because there is too much time for lawyers to drive, wait in the waiting room even though the interview is only on avreage 15 minutes but still you cannot pay the lawyer onlyfor those 15 minutes)
Should I wait till she is over 21 to apply for her when her record is expunged? I realize that she would still have disclose it on her application and at her interview.
Then it does not make differences. If she request for expungement, make sure to get certified copies of court record
as many copies as possible. Once it is expunged, and USCIS insist upon seeing original and you don't have one you
can not even get certified copies from court. For such simple matter, I doubt USCIS insist upon seeing original if you
do not have one. But just case, get sufficitly many certified copies
Jackolantern
Registered Users (C)
Looks like she is guilty of TWO things ... public intoxication and underage drinking. I don't think those are deportable offenses, but they probably will prevent her from being eligible for citizenship for 5 years after the conviction. Before she applies, have a one-time consultation with an immigration lawyer to look over the details of the case to figure out if it is deportable or whether she needs to wait 5 years.
Note that waiting 5 years is not for expungement; it is the standard waiting period for the "good moral character" requirement of naturalization. Expungement won't matter to USCIS, as they still see all convictions and arrests even if expunged and treat them as live records.
Note that waiting 5 years is not for expungement; it is the standard waiting period for the "good moral character" requirement of naturalization. Expungement won't matter to USCIS, as they still see all convictions and arrests even if expunged and treat them as live records.
Note that waiting 5 years is not for expungement; it is the standard waiting period for the "good moral character" requirement of naturalization
Good point. This was just a really stupid "first week away from home I'm in college" event. She paid a fine, took a alcohol awareness course, was on probation at her college, and did community service. She learned her lesson and didn't repeat her mistake. Since her Dad and I will be applying this summer, I think it's in our best interest to wait on her application.
Jackolantern
Registered Users (C)
slgo said:Should we wait to put her application in until she is over 21 and her record is expunged?
Since her Dad and I will be applying this summer, I think it's in our best interest to wait on her application.
You write as if you are planning to apply for her. She is over 18, so it will be entirely her own application which she personally has to fill out and sign and be interviewed... without you. She doesn't have to wait for you, and you don't have to wait for her.
As far as waiting is concerned, she would need to wait until age 22 (so she has the 5 clean years of "good moral character"), unless an immigration lawyer advises that her offense is too trivial disqualify her from citizenship even though it happened less than 5 years ago.
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Your daughther's charge has no impact on your ability to apply for naturalziation as she will have to apply on her own.My daughter was charged with Public intoxication when she was 17 (2 years ago) as a college freshman. My husband and I are planning on applying for our citizenship in June. Should we wait to put her application in until she is over 21 and her record is expunged? She is a good kid, who made a mistake - her first week living on her own. She is an A/B student, works part time, and is an active member in a number of her colleges' clubs. She does have one speeding ticket also. Any advice? Wait? Hire a lawyer?