Criminal Law Same Question: Citizenship + DUI

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yamaha

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Hi,

This question must have been answered 1000s of times and yet here I am going to ask it again and possibly in a slightly different manner it was asked by others as it fits and reflects my personel experiences with the subject.

I have been a green card holder since mid-1990. I got my B.S.C.S. and have been working for the last 10+ years in the computer industry.

Being a young 22 years inexperienced drinker lead me to a 0.13 BAC DUI in 12/25/1992 which resulted in a 1st offense probation and fines which I completed.

In somewhere in mid or early 1998 I was arrested for battery but then released as charges were dropped (time in jail 4 hours to sobber as it appeared I was intoxicated with alcohol).

Finally in 2/2002 during the president day long weekend I got another DUI. But because the other DUI was not in my records anymore this DUI was considered like a first offense. After pleading not guilty I still was found guilty of the charges. A plain DUI charge which was a fine + probation (3 month license suspension and 5 years on my court records meaning if I get caught within these 5 year with any alcohol in my system while operating a machine I will be faced with a second offence... For the first 3 years I needed an SR-22 insurrance in order to be able drive and in June 2007 the DUI will be off my records to my understanding but of course I realize it will remain on my records forever )

All these activities occured in California.

At work there was a FBI background check and I became aware of the Battery arrest in 1998 then. I was in University living in someone's house and one day they wanted me out of their premises but I told them I couldn't just leave and I needed at least a week to pack my stuff and leave. That's when they called the police and charged me for disturbing them because I was refusing to leave... They probably had their point and were able to BS their way out with the police and I had nothing to defend myself other than just leave their house which after being release went to get all my stuff and go to a friend's house... Well all this to say a battery charge has become part of my records but without a court hearing nor a sentence just a 4 hours jail time for being intoxicated.

So to completely generalize my case without getting into my life story here is my situation:

1. DUI 12/1992 0.13 BAC in California
2. Battery + Intoxication no charges filled 1998 (don't know exact dates)
3. DUI 2/2002 pleaded not guilty on 0.30 BAC -- DUI 06/2002

4. Married in 1993 -- Within a month decided to annule the marriage.
5. Married in 1999 -- went to court a year after marriage and got Judge approval for marriage annulement.

6. Bankruptcy Chapter 7 -- approx. $15,000 credit card debts in general -- 06/1997
7. Several collection item still on my cerdit history.

8. Student loan obligations -- started repayment 3 years ago and is in perfect standing.
9. Own several credit card in perfect standing.
10. Employed as a Senior Software Engineer performing a job not many people are qualified to do.


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Question 1: How can I get my FBI records from the moment I stepped my feet into the US?

Question 2: I married and annuled marriages 2 time in Calfornia. How to report them if I do not have an exact date? How can you get information about annulement of marriage (marriage disolved, cancelled marriage)
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Like most people I would like to get my citizenship in order to get married to my fiancee in Canada.

Would it be very hard for a Canadian citizen to marry a guy like me which is a green card holder then get work authorization in the US? Or would it be easier for her to get a sponsor here then come with a H1 visa then do the marriage stuff?

I am pretty sure that my application for Naturalization could go through without too much complication because of the 2 DUIs and the battery charge but there is always that concern with the what-if questions popping my mind everytime I am challenged with the Naturalization question.

The most important thing though is how to obtain a full complete background check the Immigration clerks get?



Please advice,

Yamaha
 
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Question 1: How can I get my FBI records from the moment I stepped my feet into the US?

Got the information by visiting: http://www.fbifile.com/fbi-whatis.html

All I need to do is contact my local FBI agency and ask them how to proceed then probably fill out and print the following document: http://www.fbifile.com/fbifile-req-form.html have it notarized then submit it to a the appropriate FBI office.

I suppose everyone should get a FBI printout since it too can have mistakes according to the reading from the aforementioned site.

Credit bureaus usually have inaccurate information because the most common thing is ALL 3 bureaus does not contain exact information about yourself. The only way you can rectify is to inform the bureaus. Well I am going off topic but it is always useful to know this type of information.

You can get the FBI, and all 3 reports from all 3 credit bureaus for free by simply contacting them. According to the law you can get your credit report once a year for free to verify accuracy of its content. You should always be prepared to make corrections particularly with names listed, addresses used, and a few others I have seen mistakes on some past reports I gotten.

Hope I get some enlightenment to my other questions.

Yamaha
 
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