First time DUI - Citizenship

T

tantan

Registered Users (C)
Hi everybody...

I guess it happens. I hope it doesn't happen for you. Here is the story.

Got my green card a little over two years ago. Was planning to apply for Citizenship as soon as I can.

Got arrested on a first time DUI case two nights ago. For those of you who are not famaliar, it means: cops stopped me while driving. Asked some questions, did the routine tests (which I was actually did very good), took the breathalizer test and my blood alcohol was 0.1% (limit is 0.08). Took me to county jail to sober up, did the paper work. Have a court in a month. Most likely, my driving licence will be suspended for few months (which is okay cause I carpool pretty much every day), have to do community service for few weekends, and have to attend classes for couple months few hours a week. Will be on "informal probation" for three years. Total cost would be over $2000 in fines and fees (not including future insurance raise).

The law says, for being eligible for US citizenship, you have to be a person with "good moral character" for the last five years before applying. Also, the applicant cannot be on probation at the time of oath I guess.

Now here comes my questions and I appreciate your comments and feedbacks please.

- I am thinking to get a lawyer to handle this. Will cost me additional $5500. There is a slight chance that I can reduce it to a lesser charge. Is it worth the $5500? My only concern is my future citizenship application.

- It seems nobody knows if the "informal probation" is actually considered a "probation" by immigration during naturalization. Anybody any thought on this?

- If the answer to the above question is: yes "informal probation" is considered a probation, then I should warn the DUI attorney not to bargain with longer probation time in exchange for lesser charge. That would not be of any interest for me as I can always - worse come to worse - wait 5yr before applying for citizenship. Somebody mentioned - and I will confirm this - that DUI attorney can extend the probation to 7 or 8 years in exchange of reducing the charge to a wet wrecktless driving.

- Is this going to impact my entry to US using my existing green card?

- Any difficulty with future employement?

- I suppose I should answer "yes" to questions like "have you ever been arrested/convicted of a blah blah" right? Is there such question in any private employer application? There should be one in citizenship aopplication though, right?

Thanks guys and please share your thoughts whatever it is. My apologies for mis-spelling... typing in hurry...

-tantan
 
I do not have answers to a lot of your questions but I do know that if convicted of a DWI in the states you are unadmisable to Canada, even if you are a US citizen. You can get a lesser charge when hiring an attorney but I don't think its going to help you until five years have passed. Good luck bro.
 
"...but I do know that if convicted of a DWI in the states you are unadmisable to Canada, even if you are a US citizen."

"unadmisable" means what exactly?

...meaning I cannot be a Canadian resident (which I dont intend to anyway)?

or it means I cannot travel to Canada for a visit? I am going to Vancouver at the end of the month for few days.

Care to clarify please? Thanks.
 
Bobsmyth said:
If you have been convicted of a DWI, as a non Canadian citizen you'll be denied entry into Canada unless you get a waiver.

http://www.seattle-duiattorney.com/dui/canada.php
Click to expand...

mmm...

Well, I can still go to my trip at the end of the year since I am not convicted yet. But, would there be forms I need to fill up at the border that asks about DUI conviction? I always thought - and perhaps I've been naive about it - that I can travel to Canada/Mexico having my green card (and of course the passport). And that there won't be much paper work at the border. No?
 
tantan said:
mmm...

Well, I can still go to my trip at the end of the year since I am not convicted yet. But, would there be forms I need to fill up at the border that asks about DUI conviction? I always thought - and perhaps I've been naive about it - that I can travel to Canada/Mexico having my green card (and of course the passport). And that there won't be much paper work at the border. No?
Click to expand...

by the way, i fly to vancouver. do they check the background at the check station in the airport?

http://wiki.answers.com/Q/Can_an_American_citizen_get_into_Canada_if_they_have_a_previous_DUI
 
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Bobsmyth said:
I wouldn't be surprised if they have access to the US criminal database and ask you if you have any criminal convictions.
Click to expand...

Yes, Canada has access to US criminal data base. Once convicted of any violation that deemed a felony in Canada, it will immediatly show up in their systems. One might slip thru the crack once or twice but eventually it will show up. Knowing Canadian customs, they are checking everybody now a days.:eek::mad::cool:
 
tantan said:
Hi everybody...

I guess it happens. I hope it doesn't happen for you. Here is the story.

Got my green card a little over two years ago. Was planning to apply for Citizenship as soon as I can.

Got arrested on a first time DUI case two nights ago. For those of you who are not famaliar, it means: cops stopped me while driving. Asked some questions, did the routine tests (which I was actually did very good), took the breathalizer test and my blood alcohol was 0.1% (limit is 0.08). Took me to county jail to sober up, did the paper work. Have a court in a month. Most likely, my driving licence will be suspended for few months (which is okay cause I carpool pretty much every day), have to do community service for few weekends, and have to attend classes for couple months few hours a week. Will be on "informal probation" for three years. Total cost would be over $2000 in fines and fees (not including future insurance raise).

The law says, for being eligible for US citizenship, you have to be a person with "good moral character" for the last five years before applying. Also, the applicant cannot be on probation at the time of oath I guess.

Now here comes my questions and I appreciate your comments and feedbacks please.

- I am thinking to get a lawyer to handle this. Will cost me additional $5500. There is a slight chance that I can reduce it to a lesser charge. Is it worth the $5500? My only concern is my future citizenship application.

- It seems nobody knows if the "informal probation" is actually considered a "probation" by immigration during naturalization. Anybody any thought on this?

- If the answer to the above question is: yes "informal probation" is considered a probation, then I should warn the DUI attorney not to bargain with longer probation time in exchange for lesser charge. That would not be of any interest for me as I can always - worse come to worse - wait 5yr before applying for citizenship. Somebody mentioned - and I will confirm this - that DUI attorney can extend the probation to 7 or 8 years in exchange of reducing the charge to a wet wrecktless driving.

- Is this going to impact my entry to US using my existing green card?

- Any difficulty with future employement?

- I suppose I should answer "yes" to questions like "have you ever been arrested/convicted of a blah blah" right? Is there such question in any private employer application? There should be one in citizenship aopplication though, right?

Thanks guys and please share your thoughts whatever it is. My apologies for mis-spelling... typing in hurry...

-tantan
Click to expand...

Well, I guess Canada is settled for me. I will have my new year eve trip to Whistler and I won't attempt to travel there in the next 5-6 years (unless I can successfuly dismiss my case)...

Any comment about the rest of my questions?
 
Just curious. If one is convicted of an assault - is he inadmissible to Canada?

truckensafely said:
Yes, Canada has access to US criminal data base. Once convicted of any violation that deemed a felony in Canada, it will immediatly show up in their systems. One might slip thru the crack once or twice but eventually it will show up. Knowing Canadian customs, they are checking everybody now a days.:eek::mad::cool:
Click to expand...
 
Tantan,
Your BAC is .1 .Since it is first time you should be able to reduce it to DWAI .
Talk to some attorney and try reducing it to DWAI.If you are able to do that then I dont think there should be any issue during your citizenship(as long as you disclose it).

Second even if you are convicted of DWI .08 the basic VTL code. Then if you get probation you wont be able to apply till your probation is completed.

DWI is not a CIMT (Crime involving turpitude) so you should be ok.But make sure you disclose it in your N-400 application.
Join some alochol classes (I think court will make you do it anyway) and have the completion certificate from there.
Hope this helps.
 
manj90 said:
DWI is not a CIMT (Crime involving turpitude) so you should be ok..
Click to expand...

DWI is a CIMT if it is aggravated. (ex:BAC >0.16 or DWI and traffic violation like speeding, passing red light, etc..)
 
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tantan said:
Somebody mentioned - and I will confirm this - that DUI attorney can extend the probation to 7 or 8 years in exchange of reducing the charge to a wet wrecktless driving.
Click to expand...
Longer probation means you have to wait longer to apply for citizenship. They won't approve your naturalization while you are still on probation.
 
Thanks everybody for your comments. I also did some research. Here is a summary of what I think. Please feel free to comment on them:

From the date of conviction, I will be on probation (doesn't matter it is "informal") for three years. That means I can only apply for citizenship after three years. That would be only few months later than when I could actually do apply.

Having said that, I won't be bargaining for a lesser charge based on longer probation.

All that is with the assumption that the first DUI won't be affecting the citizenship process. It will add some paper work at the time of the interview. Correct? or one of the citizenship forms asks (they usually do) "have you had any conviction blah blah..."? Is there such question somewhere in the citizenshiop forms? Where can I get a pdf of the citizenship forms?

I need to see the police report to make an assessment of the odds of bargaining to a lesser charge, in this case "wet reckless driving".

What if all of sudden they increase the limitations against DUI (like Canada) cases. Like they say you've got to be DUI free for 10 years before you apply for US zitizenship. That makes me nervous.

Thanks again everybody.
 
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tantan said:
All that is with the assumption that the first DUI won't be affecting the citizenship process. I will add some paper work at the time of the interview. Correct? or one of the citizenship forms asks (they usually do) "have you had any conviction blah blah..."? Is there such question somewhere in the citizenshiop forms?


Where can I get a pdf of the citizenship forms so I can decide if I should take the $5000 hit and ger a lawyer hoping this can be reduced to wet reckless driving?

Thanks again everybody.
Click to expand...

As a matter of fact form N-400 (application for Naturalization) does ask this question.

Check this out for pdf form.
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Question 16,17,18 ar the ones most probablly affected by your record.

vik_b

I am just a layman not a lawyer, please treat my comments appropriately

PD July 08
FP Aug 08
IL Oct 08
I and Oath Nov 08
 
truckensafely said:
Yes, Canada has access to US criminal data base. Once convicted of any violation that deemed a felony in Canada, it will immediatly show up in their systems. One might slip thru the crack once or twice but eventually it will show up. Knowing Canadian customs, they are checking everybody now a days.:eek::mad::cool:
Click to expand...


new jersey does not do fingerprint if you're arrested for DWI...it's not considered a misdemeanor or a felony...only a traffic violation..my question is,will the canadian border knows?
 
xd45 said:
new jersey does not do fingerprint if you're arrested for DWI...it's not considered a misdemeanor or a felony...only a traffic violation..my question is,will the canadian border knows?
Click to expand...


I dont know about specific states but the only way to find out is to call the Canada customs thats closest to you & ask them, they might ask you to be present for the background checks, that means you would have to drive, fly or sail to a point of entry border crossing point.:)
 
It won't. I am a proud teetotaller :)

My Chicago based current employer's HR department asked me to list all arrests when I joined them. I had none, but I know they conducted their own background check and even employed an Ontario based private detective. I used to live in Ontario before moving to the US and this private detective called my last employer and the Ontario Provincial police. So to answer your question, it would dependent on how deligent/cautious a future employer is.


tantan said:
I guess it happens. I hope it doesn't happen for you.

- Any difficulty with future employement?
Click to expand...
 
truckensafely said:
I dont know about specific states but the only way to find out is to call the Canada customs thats closest to you & ask them, they might ask you to be present for the background checks, that means you would have to drive, fly or sail to a point of entry border crossing point.:)
Click to expand...

Asking a question of "Am I inadmissible to Canada for a DWI conviction I was never fingerprinted for in New Jersey?" to CBSA will likely result in an answer of "You are inadmissible to Canada if you have been convicted of a DWI, regardless of if you were fingerprinted or not"


http://cbsa-asfc.gc.ca/media/facts-faits/037-eng.html

http://www.cic.gc.ca/english/visit/inadmissibility.asp
 
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