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Remove GC condition while on probation

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Hi everyone,

Just picked up a DUI in CA, which is not a CIMT. Im going to remove the condition on my GC next yr. The problem here is since I haven't been convicted yet, by the time I apply, I will be on probation. Just wondering how on prob will influence my chance of GC condition being removed? Anyone with similar experience like I485/I751/I829 approve while they are probation or denied b/c on prob/sentences not completed?

Any thoughts/experience are welcome!

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I don't have any advice/experience with this but I will say I am happy you came seeking advice and not asking how you could go about lying about your upcoming conviction. Good luck!


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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N-400 process

03/03/16 Submitted N-400 application and docs
03/09/16 USCIS ackn rcpt (txt, email, and NOA1) and chk cashed
03/29/16 Biometrics (walked in - orig date 04/05/16)
04/04/16 In Line for an Interview (txt, email, and checked case status)

05/16/16 Scheduled for an Interview (Case Status Online)

05/20/16 Received I/L
06/24/16 Interview date (PASSED)
07/20/16 Oath-taking at LACC ( I AM NOW A US CITIZEN!!!)

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Hi everyone,

Just picked up a DUI in CA, which is not a CIMT. Im going to remove the condition on my GC next yr. The problem here is since I haven't been convicted yet, by the time I apply, I will be on probation. Just wondering how on prob will influence my chance of GC condition being removed? Anyone with similar experience like I485/I751/I829 approve while they are probation or denied b/c on prob/sentences not completed?

Any thoughts/experience are welcome!

DUI is a pretty serious (and very selfish) crime as it endangers other innocent people,

like my grandfather who was badly injured and had to suffer through lower quality of life for decades.

Personally, I wish for no DUI offenders to be granted legal stay in US.

That said, take a look at this article from an attorney...

http://asianjournal.com/immigration/immigration-consequences-of-a-dui-conviction/

By Atty. Charles Medina

Published: June 8, 2013 | No Comments

DRIVING under the influence (DUI) of alcohol or narcotics is a serious threat to public safety. The Center for Disease Control and Prevention reported that over 1.4 million drivers were arrested for DUI in the US in 2010. In the same year, there were 10,228 fatalities in alcohol-impaired driving crashes. Thus, law enforcement officials are aggressively arresting alcohol-impaired drivers. If the arrested driver is an alien, state or local law enforcement officers often contact Immigration and Customs Enforcement (ICE) for possible initiation of removal proceedings. If you’re convicted of DUI, this could adversely affect your green card or your naturalization application.

If you’re applying for a green card, your application could be denied if you’re found inadmissible based on your DUI conviction. Inadmissibility means that an alien is ineligible to receive a visa or he cannot be admitted into the US based on certain conduct or convictions. If you’re already a green card holder, you could lose your green card if you’re found deportable based on your DUI conviction. Deportability means that an alien who was previously admitted could be removed based on his conduct or convictions.

A DUI conviction is not a specific category for inadmissibility. Unlike controlled substance violations for example, a DUI would make an alien inadmissible only if it falls under crimes involving moral turpitude (CIMT) or under health related grounds for inadmissibility.

A CIMT is one involving (1) fraud or (2) conduct that (a) is vile, base, or depraved and (b) violates accepted moral standards. In Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999), the Board of Immigration Appeals (BIA) observed that, historically, a simple DUI offense is not considered a CIMT because the conduct involved need not be deliberate and is often accidental or negligent.

However, Lopez-Meza also held that a conviction for aggravated DUI under Arizona Revised Statute (ARS) 28-1383(A)(1) was a CIMT because such DUI is committed while the person’s driver license or privilege to drive is suspended, canceled or revoked. The BIA found that a person who drives while under the influence and knows that he is absolutely prohibited from driving commits a crime that is contrary to accepted moral standards. Thus, the element that transforms a DUI into a CIMT is the offender’s knowledge that he does not have the privilege to drive. This deliberate and knowing disregard for the law brings the offender’s conduct outside the confines of accepted moral standards.

In Matter of Torres-Varela, 23 I&N Dec. 78 (BIA 2001), the BIA examined the recidivist DUI statute under ARS 28-1383(A)(2), which penalized a third DUI committed within a certain period. The BIA held that an aggregation of simple DUI convictions is not a CIMT because simple DUIs individually do not constitute CIMTs and so multiple convictions for the same DUI offense would not transform a non-CIMT offense into a CIMT. The government argued that an offender’s prior DUI conviction puts him on notice that DUI is prohibited and committing subsequent DUIs acquires the element of deliberate and knowing disregard for the law which would make the subsequent offense a CIMT. The BIA was not persuaded by this argument.

The second way a DUI conviction could become a basis for inadmissibility is through the health related grounds for inadmissibility. Under INA 212(a)(1)(A)(iii) an alien is inadmissible if he is found to have a physical or mental disorder which could lead to harmful behavior. In a Policy Memorandum, dated January 16, 2004, USCIS instructed its adjudicators to require an applicant for immigration benefit to undergo a mental status re-examination by a civil surgeon if the applicant’s criminal record reveals a significant history of alcohol related driving arrests. If the civil surgeon finds a mental or physical disorder with associated harmful behavior, the alien will be inadmissible.

In naturalization applications, an applicant is required to have good moral character. Under INA 101(f), a habitual drunkard does not have good moral character. A conviction for DUI on more than one occasion might not constitute a CIMT but these could be interpreted as manifestations of habitual drinking. Thus, a naturalization application could be denied if the applicant has more than one DUI conviction.

Current immigration laws treat a simple DUI as a marginal offense although this could change if the Senate immigration reform bill, S. 744, is enacted into law. S. 744 makes convictions for 3 or more DUI related offenses into a new ground for inadmissibility. Despite the well-known dangers of DUI, you might be wondering why it is not dealt with more harshly under immigration laws. This might be because a DUI offense merely punishes the act of driving while intoxicated in some degree. If death, personal injury or property damage results, that would be an entirely different and more serious offense which would have more serious immigration consequences. Thus, under the current legal environment, a DUI might not necessarily make you inadmissible but it would certainly trigger the initiation of removal proceedings where you could be removed on other applicable grounds.

- See more at: http://asianjournal.com/immigration/immigration-consequences-of-a-dui-conviction/#sthash.g5gx9vCK.dpuf

Edited by DualityOneness

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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