Criminal Law DUI and Green Card

[Dengiz]

here is my quick story
came to us in 2000 . got my green card in march 2003 with my wife now we are separated . I have 1 daugther with her . I had a DUI in 2005 and yesterday I got a Aggravated unlic 3rd . which is a missdemanor i guess.
Will I have any Immigrait problems . And Iwas planning on applying for citizen ship in 2008 . will this effect that at all .
Thank you ;
Deniz

 

[mafioso]

In what state?

 

[mafioso]

Did your agr Unlic include a DUI? Is it a misdemeanor……..what is the possible max sentence? Go to this site which would answer the question.

http://www.nysda.org/NYSDA_Resources/Immigrant_Defense_Project/ImmigrationPracticeTips_01_07.pdf


Two DUI will deport you in most cases. Agr unlic while intoxicated is a crime of moral turpitude which could deport you….. The answer to question depends on many variables you have not provided. If it is just a simple misdemeanor you would be okay. In some case, immigration has held aggravated unlic 1st and second degree to be deportable depending on the circumstances of each particular case…..It sometimes comes to a case by case basis. Oh, a third misdemeanor within five years could deport an alien too……….So watch out! Some infractions are considered very seriously like CIMT.

Read the sight above for more help....

 

[Dengiz]

i was not drunk when i got pulled over . It says aggravaed unlic 3rd(miss) on the ticket . So it is a missdemenor and this is my second one inclueding the DUI from 2005 . So if apply for citizenship you think they will give me a hard time .
What can i do to improve my self so i have a better chance at the citizenship interwiev .
Also I cant go back to my own country because i did't go to army . So seeing my family depending on being a citizen .
If I just leave will i ever be able to return to US . I have a daugther here who is 5 years old . lives with her mom
Thank you
Deniz

 

[Dengiz]

i live in NY

 

[mafioso]

If it was a simple misdemeanor with a maximum sentence of a year in jail, you are okay. They will not give you problems in your citizenship interview if you have just these two charges. They could delay it…….tell you why below.It only becomes a problem when your charges exceed what immigration law allows. Based on what you have provided, you will not face a problem because your new charge will not be view as a CIMT. Just be really careful now. Your citizenship or GC can be taken at anytime. It is not irrevocable if you were not born here. Another thing is that, some people have been refused citizenship if the immigration officer feels that you have not exercised good moral character (it is one condition and the officer's discretion). In such a situation, they would expect you to keep a clean criminal record for five years before applying again. But they would still let you renew your GC and stay here with no problem. Make sure you get a lawyer to file for you since your record is not clean. Don't do it alone.

 

[mafioso]

Oh,
Normally without any priors it is:
AUO-3rd degree. A driver may be convicted of AUO-3rd degree for driving with a suspended or revoked license or privilege to drive. This is a misdemeanor punishable by a mandatory fine of $200 - $500, a mandatory surcharge and possible imprisonment up to 30 days or probation.

With your prior, you might get lucky and get away with just probation. But it would depend on your county's guidelines, DA, and Judge.......You could get a week .....timeout....if you are not lucky.

 

[Dengiz]

Awesome help . Thank you so much . so it is best for me to just get a lawyer and see how it goes.