I came to USA in 1997 by DV Lottery program. now I* want to apply* US citizenship but I have some problem.* In year 2000 I failed to file my income tax but I already paid my balance and penalty and in 2002 I got ticket for DUI. I went to court and plead guilty and I did every thing which court ask me to do.Is any body out there who can give me some idea what I have to do if I apply for citizenship am I able to get or INS will denied my application. please help me. I will really appreciate your help. Thank you.
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help me help me !!
- Thread starter str
- Start date
Good moral character
My understanding is that you must show "good moral character" within the five-year period that immediately precedes your application for citizenship. Since your DUI conviction was in 2002, you should wait till 2007 and apply at that time, assuming no further DUI convictions or failing to file taxes. However, I am not a lawyer, and I would strongly suggest you invest $200 to get a consultation with a good lawyer.
Good luck!
My understanding is that you must show "good moral character" within the five-year period that immediately precedes your application for citizenship. Since your DUI conviction was in 2002, you should wait till 2007 and apply at that time, assuming no further DUI convictions or failing to file taxes. However, I am not a lawyer, and I would strongly suggest you invest $200 to get a consultation with a good lawyer.
Good luck!
Rahul Kumar
Registered Users (C)
I second this opinion. Get a lawyer and get your facts straight.
You should be fine, since that is not a crime, as long as it's only violation you should be fine. here is what the INS web site says.str said:I came to USA in 1997 by DV Lottery program. now I* want to apply* US citizenship but I have some problem.* In year 2000 I failed to file my income tax but I already paid my balance and penalty and in 2002 I got ticket for DUI. I went to court and plead guilty and I did every thing which court ask me to do.Is any body out there who can give me some idea what I have to do if I apply for citizenship am I able to get or INS will denied my application. please help me. I will really appreciate your help. Thank you.
Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
• has committed and been convicted of one or more crimes involving moral turpitude
• has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
• has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
• has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
• has committed and been convicted of two or more gambling offenses
• is or has earned his or her principal income from illegal gambling
• is or has been involved in prostitution or commercialized vice
• is or has been involved in smuggling illegal aliens into the United States
• is or has been a habitual drunkard
• is practicing or has practiced polygamy
• has willfully failed or refused to support dependents
• Has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
I believe you are fine
str said:I came to USA in 1997 by DV Lottery program. now I* want to apply* US citizenship but I have some problem.* In year 2000 I failed to file my income tax but I already paid my balance and penalty and in 2002 I got ticket for DUI. I went to court and plead guilty and I did every thing which court ask me to do.Is any body out there who can give me some idea what I have to do if I apply for citizenship am I able to get or INS will denied my application. please help me. I will really appreciate your help. Thank you.
Read the following thread also.
http://boards.immigrationportal.com/showthread.php?t=150298
ya .. i was just about to say that too ...
DUI may not be deportable any more .. but you still have to look at how long you have shown good moral character just before your application.
Another question at this point would be is DUI a crime of moral turpitude ..?
if it is a CIMT in your state where the crime was committed .. you have to look at it in conjunction with any other offenses you may have, and see what guidelines you fall under, as posted by lbusch28.
Although we have written guidelines here and there, the immigration consiquences of DUI are still rather vauge, and should always be taken seriously. Sometimes immigration interviewers do not have an in-depth understanding of the law, so the burden of research and proof falls on us. Always get a good immigration attorney.
From what i've learnt and read, a single DUI is usually not very serious, as long as there are no aggrevating factors, like a hit and run while you were driving drunk, or causing an accident, DUI with suspended license, etc ..
2 or more DUI's also become very serious, and escalate to a CIMT.
DUI may not be deportable any more .. but you still have to look at how long you have shown good moral character just before your application.
Another question at this point would be is DUI a crime of moral turpitude ..?
if it is a CIMT in your state where the crime was committed .. you have to look at it in conjunction with any other offenses you may have, and see what guidelines you fall under, as posted by lbusch28.
Although we have written guidelines here and there, the immigration consiquences of DUI are still rather vauge, and should always be taken seriously. Sometimes immigration interviewers do not have an in-depth understanding of the law, so the burden of research and proof falls on us. Always get a good immigration attorney.
From what i've learnt and read, a single DUI is usually not very serious, as long as there are no aggrevating factors, like a hit and run while you were driving drunk, or causing an accident, DUI with suspended license, etc ..
2 or more DUI's also become very serious, and escalate to a CIMT.