I-751 with DUI

[deborabr 16]

Hi All,

I am about to send my package in the next few weeks and I would like to check if anyone applied for removal of conditions after being convicted of a DUI?

I went to the courthouse and they charged me $25 to get a one page certified document showing the charges, sentence, and probation conditions but does not have any information from the arrest report. I called the police department here and they said I would have to show them my documents and they would send the arrest report directly to the immigration.

Does anyone know if I have to send the arrest report as well or if this certified document would suffice? I made standard copies of the court paperwork and showing the completion of the DUI school but I am still not sure this would be enough. I had a really bad experience hiring a lawyer when I got this DUI and do not wish to hire another one but in case someone had a similar experience and could shed me some light I would be very very thankful!!!!

Thank you a lot !!!!

Debora

[MichonandRuben 15]

I am going through the same thing with my husband's DUI currently. We are filing on November 22 and I would be very interested in hearing what someone who has been through this before has to say.

I was in the courthouse a week ago and the woman charged me $25 for 9 pages. 1st page is ther certification of the document, 2nd and 3rd are the charges "Criminal Complaint", 4th and 5th are the enrollment notice for his alcohol program he must attend and "Proof of Enrollment Certificate", 6th and 7th are the "Minute Order" with the particulars of who was involved with the hearing and the plea and sentence, 8th and 9th are the "Order of Probation.

I told her specifically what the documents were needed for and she told me that this is what they typically needed for immigration purposes.

[dadajhow 6]

I just sent my application 2 days ago, I had a DUI also, well what I did was, certified copy from court and copy of proof of everything else I did, I actually tried to follow the steps that uscis says on their website, I went to the police station where I was arrested to get a copy, they said that the one from the court is what matters and should be enough, so I did not take one from them, hopefully with the court certified copy and copy of everything else should be enough. I have been trying to get more info online but so far could not find anything usefull. So I will learn from my mistakes I guess, expecting at least RFE for something or maybe an interview, I am not really worried actually , I have nothing to hide, I am married living with my wife and got a DUI. We will see happy to have u guys here to kind of share this BTW you are from Brazil same as me haha

[deborabr 16]

Thank you all so much for sharing your experiences...would be great if we had information of someone that already went through the whole process but this topic can be helpful for other residents in the future!!!! I tried to search for information online but could not find much as well....I thought I had to submit the arrest report as well but apparently what I have would be enough. If all of you can post here some updates on your case that will be great. Anyone has any information if they generally request an interview because of this conviction? Nice to know that you are from Brazil dadajhow I will add you here as well so we can keep in touch.

[dadajhow 6]

join oct fillers!!!!

[MichonandRuben 15]

I would love to hear how it goes for both of you! I am hoping to get everything in order soon, last things we need are the letters of affidavit from friends.

[DC85 113]

you shouldn't have any problem, send the court doc and you should be fine

[Ontarkie 13,920]

~~One post and one quoting removed from thread. If you cannot post constructively do not post.~~

[twinspits 2]

I had a DUI in the UK when I filed in May I had to resend a copy of my arrest record which is on the police record,and a copy of the court document showing the adjudication.

This is paperwork they already had from the filing the I 485,make sure you check the box on the I751 which asks have you been arrested

Good luck

[deborabr 16]

Thank you all...this is what I will be sending in regards to the DUI:

· Certified copy of Court disposition records on DUI case

· Copy of Court Minutes

· Copy of Misdemeanor charges

· Copy of receipts of payments made to Superior Court of California on DUI case

· Copy of DMV Hearing cancellation and 3 month driver’s license suspension

· Copy of Statement of Enrollment on 3 month 1st Offender Program

· Copy of Statement of Conclusion on 3 month 1st Offender Program

· Copy of Receipt of payment made to 1st Offender Program in the amount of $700

· Copy of SR-22 Insurance filing with USAA for the period of three years

I am hoping that is enough. I have a copy of the arrest report that was given to me by my lawyer but when I tried to get a certified copy with the police department they told me I would have to show them documents requesting the report and they would send this directly to the immigration. Anyone knows if it is required to include the arrest report? A regular copy would be enough?

Thank you,

Debora

[sharito83 1]

Hi I'm new here and basically I have the same question:

I had a DUI before I became resident of the US. I've gotten my green card for two years now and I'm due for removal of conditions.

My question is: When submiting the paperwork for removal of conditions, do I have to submit the police report and a certified final disposition document just like I did the first time I applied for my residency??

Question #20 in the form I-751 states "Have you ever been arrested, detained, charged, indictead... commited any crime which you were not arrested in the US or abroad?" yes/no

if you answer yes:

provide a detailed explanation on a sheparate sheet of paper and refer to the section entitled "What Initial Evidence Is Required?"

I wonder if I have to submit copies of the court documents related to my arrest. Again this happened before I became resident.

Thanks!

[deborabr 16]

Sharito thanks for posting that because I did not see that part about including an additional sheet of paper explaining the situation. I will include that on my package just in case. I am sending the documents I mention above, but I am still trying to figure out whether I have to submit the arrest report or not.

I got my DUI after I was granted residence so none of this documents were included on my package before but I believe since this is required on the instructions you should send everything again. The same if you apply for citizenship later on, you will have to provide all the documents one more time.I am not experienced on these DUI cases but if I were you I would send everything to avoid RFE. I don't get the whole "Paperwork Reduction Act" and we keep having to submit same paperwork over and over again =(

[Val2014 30]

On 10/17/2014 at 7:50 PM, deborabr said:

Hi All,

I am about to send my package in the next few weeks and I would like to check if anyone applied for removal of conditions after being convicted of a DUI?

I went to the courthouse and they charged me $25 to get a one page certified document showing the charges, sentence, and probation conditions but does not have any information from the arrest report. I called the police department here and they said I would have to show them my documents and they would send the arrest report directly to the immigration.

Does anyone know if I have to send the arrest report as well or if this certified document would suffice? I made standard copies of the court paperwork and showing the completion of the DUI school but I am still not sure this would be enough. I had a really bad experience hiring a lawyer when I got this DUI and do not wish to hire another one but in case someone had a similar experience and could shed me some light I would be very very thankful!!!!

Thank you a lot !!!!

Debora

Do you mind advising me what happened with your cause. I filed for my i751 qnd received a rfe for final court disposition which I got from the court and sent back. Only thing is i am still on probation so i dont know if that will affect my case. Any advice from your experience will be very helpful.

Thank you!

[deborabr 16]

2 hours ago, Val2014 said:

Do you mind advising me what happened with your cause. I filed for my i751 qnd received a rfe for final court disposition which I got from the court and sent back. Only thing is i am still on probation so i dont know if that will affect my case. Any advice from your experience will be very helpful.

Thank you!

Hi Val,

I got my case approved and finalized at the end of April. They did not ask for anything after I submitted my package and just sent me an interview letter for April. During the interview the officer asked about my arrest and to explain what happened. I also explained to her that I completed the 3 month DUI program, paid all fines and was also out of the 3 year probation. I also said that was a horrible mistake and that I haven't had any problems with the law since. I had my case approved on the spot and she even offered me take the Oath the same day given how expensive it is to get from the island I live in Alaska to their office in Anchorage. It went pretty smooth but I was out of probation by the time I applied for my citizenship last year. I actually waited until a couple weeks after I was out of probation to mail my package. I believe being out of probation is one of the requirements to apply for citizenship but each officer can take a different approach and I hope you have your case approved. I wish I could help you more but let me know if you have other questions. Good Luck!!!

[deborabr 16]

I just want to add to my previous post that I did not send the arrest report because the police department wanted me to hire a lawyer to have access to the report. My case was approved even without that but each location and officer can request more information if they don't think they have enough proof.