Criminal Law DUI and green card status

[vierce]

My legal permanent resident friend got charged with 3 DUIs. The first one was dismissed by a judhe and he pleaded guilty to the other 2 (both ended up being "first-time offense, both are misdemeanors). 1 year unsupervised probation, asap classes done, fees paid.

Will my friend have trouble getting back in if he travels or applies for citizenship?

 

[mafioso]

It could be a serious problem. First I need more information.
-Within what period of time did the DUI charges occur………what dates?
-Does the person have any other arrest records or crimes records?
-For how long have they had a green card?
-Did they get the green card after seeking and getting asylum?
-Does the person have spouse or children here?

 

[vierce]

The first charge, that was dismised by a judge, occured in June 2005.

The second two charges occured in August 2006 and December 2006. Both ended up being first time offenses by virtue of guilty plea, as mentioned above. As I result my friend got one year of unsupervised probation (180 days of 100% suspended jail time per each DUI) which is still ongoing, ASAP classes that have been completed and fines/costs which have been paid.

As far as other record goes, each DUI charge came with refusal charge, and each refusal charge has been dropped. Also, the prosecution was pushing my friend to enter a guilty plea to the August 2006 DUI (since the had absolutely no evidence, no field tests or BAC) by threatening him to get indicted for an assault on a cop (who alleges he was spat on) if he refuses to do so. He refused at the advice of his attorney because he knew he did not spit on a cop, the cop never got a warrant regarding this, also the attorney was going to fight the charge based on vindictive persecution. So he was indicted on an assault on a cop by a grand jury, which is not a surprise since they indict everyone. Then my friend changed his mind since he got tired of courts and pleaded guilty to the first time DUI, and the prosecution dropped the assault charge.

My friend has been in the country since 1999 without any convictions until March 6, 2007. He's been married, no kids, divorce is about to be final. 2005/2006 was a bad period since he's been going through divorce and bankruptcy. Things have improved significantly in his life since.

 

[mafioso]

Both of your crimes (as long as this was a simple DUI with no prior or aggravating circumstance) usually are not being considered crimes of moral turpitude.

A resident alien is deportable if he is convicted of two crimes of moral turpitude (CIMT).

So he should be in the clear, but I guess he should get a handle on the alcohol problem…..if someone gets hurt while he is drunk…….he would be on the next flight out. More so, a condition to be a citizen is good moral character at least over five years…………This does not constitute good moral character (two DUI and one dismissed). He might have to wait for five years to be a citizen…………depending on the discretion of the immigration officer. Two DUI within the past year or so will not look good. Even the second DUI could be viewed as deportable ground given it is his third time charged. He needs a lawyer while filing for citizenship. Multiple DUI's in a short time could be considered CIMT. With just one DUI you are fine………..but charged three times in a short time, is at the discretion of immigration authorities. There is no one rule, on the same issue, immigration come down on different sides with different people, yet the same evidence and convictions.

 

[vierce]

Mafioso,

Thank you so very much for your input. My friend has received counseling for his drinking and hasn't had any drinks since the last charge. He's ready to show that he can continue his life without being charged again.

What do you think about travel risks? My friend is very interested in going to perform some volunteer work overseas. If he does so, does he pretty much need to have a lawyer lined up and expect to be given hard time at the port of entry?

 

[mafioso]

First, he should complete his probation if any before travelling. Immigration has become quite difficult at ports of entries. You have GC holders sent back who have spend more than 6 months out of the US with no convincing reasons. You have people losing their GC s for small offenses in the past they did not know could affect them. Some people's petty crime exception claims have led to their detentions for months before being cleared for release………..it is hell out there now. So I would say he should not leave the US unless it is most important. It is a decision only he can make. I advice against him leaving from what is going on now. …But if he really wants to leave, he needs an immigration lawyer who would give him all relevant paper work to show his DUIs don't disqualify him from re-entering into the US. The petty crime exception and rules of DUI on CIMT. He would also need all paper work on disposition of his cases. Only an immigration lawyer can review this and advice him on what to do, how proceed if travelling or if it is wise to travel right now. He would need the lawyer's cell contacts at the port of entry if he runs into trouble. Multiple DUIs are risky to travel with. CIMT is not clear if there are multiple DUI charges.….it has affect some people and not other. If he had just one he could travel with no concern. I would say…………If he values his life here, he should wait for his citizenship first…………it might take a while but it is worth it!