Criminal Law Recent green card and 1st Dui arrest

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mariomanya

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My jurisdiction is: Massachusetts

Hi,
I was approved for a green card and got my permanent resident card as of February 2008, on March of 2008 I got arrested for a DUI, my BAC was .15; no accident or injuries. I was charged with DUI, reckless driving and marked lane violation. This was my first arrest ever for any reason. I pleaded not contest and was put on probation for a year for the DUI charge,the reckless driving charge and marked lane violation charge were dropped. I was also required to pay fines;attend 4 AA meetings and complete a driver alcohol education program which I since have finished. After the year is up the case will then be dismissed. My questions are the following:

1) I need to travel to South America by the end of 2009, by then my probation will be done and my case dismissed. Will I have any trouble at the port of entry and be denied re-entry? Should I carry the court disposition papers with me? Should I wait to try and become a citizen or will I be ok?
2) I understand that 1 Dui is not considered a CIMT but the max possible jail time here in MA is 2 1/2 years if convicted, although I did no jail time will this be grounds for possible deportation.
3) My green card was based on marriage and I will be eligible to apply for citizenship in 3 years. Will this be a problem when applying? Should I wait for 5 years instead?

Thanks in advance for any replies.
 
Good questions - yours are specific and I'd speak to an attorney to review all the facts and details of your case before leaving the country. Remember, there are no guarantees, only assessments of risk.

My understanding is that if you received probation and the case would be dismissed, then you would not be convicted of a DUI. Until this actually occurs, you still definitely have an issue because, as you pointed out, maximum jail time is 2.5 years which could put you into the category of a felony. Generally I've been told that a DUI is a strict liability crime and there is no "mens rea" or mental state of mind required - thus meaning that there is no "moral turpitude" issue, that you have a predisposition to violence or dishonesty or the likes of which the INS would not want you to enter the country for such character reasons.

My suggestion is to speak to an attorney who can review all the facts and details of your case before proceeding. I would not trust discussing this in any general location simply because your case is fact specific including jurisdictional issues as well. Best of luck.
 
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