DUI/Stet and Filing for Naturalized Citizenship

A

aj_potter

New Member
I'm a GC holder and 'am getting ready to file for Citizenship in july 2007. My case has 2 complications.

In Nov 2001, I was charged with DUI / DWI. My case was heard in court and I got a PBJ (unsupervised) for 360 days on (Driving, Attempting to Drive) Vehicle While imparied by Alcohol. I also received a Nolle Prosequi on (Driving, Attemption to Drive) Vehicle While Under the Influence and (Driving, Attemption to Drive) Vehicle While Under the Influence Per se. I've not had any problems since then.

In March 2005, a business which I had just bought 3 months prior was raided for Gambling. I was charged on 4 statues. I hired a Cirminal lawyer and after extensive negotiations with the State's Atty, my case was put on Stet on all charges in Nov 2005. The stet charges can generally be expunged after 3 years. Hence nov 2008 I can file for expugement.

I'm interested in knowing if there are others out there who had similar issues and would like to know what they did. Do I take a chance and file in july 2007 or wait till nov 2008, file for expugement and then file for citizenship.
 
Yup, I'd say you've got problems, but exactly how bad they are will take some serious discussion with one or more immigration lawyers experienced in this area.

For what its worth, immigration law treats convictions differently than state law. Just because you received PBJ for your DUI, and the gambling case ended with Stet, doesn't mean these offenses go away. In fact, even if you were able to purge your record, you'd still have to declare the arrests while filling out the N-400.
 
aj_potter said:
I'm a GC holder and 'am getting ready to file for Citizenship in july 2007. My case has 2 complications.

In Nov 2001, I was charged with DUI / DWI. My case was heard in court and I got a PBJ (unsupervised) for 360 days on (Driving, Attempting to Drive) Vehicle While imparied by Alcohol. I also received a Nolle Prosequi on (Driving, Attemption to Drive) Vehicle While Under the Influence and (Driving, Attemption to Drive) Vehicle While Under the Influence Per se. I've not had any problems since then.

In March 2005, a business which I had just bought 3 months prior was raided for Gambling. I was charged on 4 statues. I hired a Cirminal lawyer and after extensive negotiations with the State's Atty, my case was put on Stet on all charges in Nov 2005. The stet charges can generally be expunged after 3 years. Hence nov 2008 I can file for expugement.

I'm interested in knowing if there are others out there who had similar issues and would like to know what they did. Do I take a chance and file in july 2007 or wait till nov 2008, file for expugement and then file for citizenship.
Click to expand...
Yes, ask a lawyer. This forum cannot answer your question.

Even if you file in Nov 2008 you have to declare all arrests etc. on your N-400 form and answer during interview.

Talk to a competent lawyer BEFORE applying.
 
You must log in or register to reply here.
Top