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Filed: Lift. Cond. (apr) Country: India
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Hello everyone,

 

Hope you all are doing well. I need your help/ advise🥺. Unfortunately  I got my life first DUI on 10/2019 😭. I already did my probation and paid all the fine and my this criminal record is already got expunged.


 I’m already eligible to apply for my citizenship 
And I have 10 years green card which is going to expire in 2025. What should I do ? Should i apply for citizenship or renew my 10 year greencard? 
 

I will appreciate your advice or any suggestions. I’m kind of scared 😟.

 

Thank you.

KS

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Filed: Country: Vietnam (no flag)
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Hi,

 

You will need to disclose the DUI on the N-400.  Expungement does not erase it for citizenship.

Two DUI is automatically a lack of good moral character and would result in a denial.

 

With one, you could apply and the DUI is not automatic disqualification for citizenship.  However, with DUI being strongly frowned upon, you would be lucky to pass the good moral character requirement.

 

If I was you, I would wait at least 5 years from the date of the DUI before apply for citizenship.

Up to you whether to file for citizenship or extend your green card in 2025.  

 

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Filed: Citizen (pnd) Country: Pakistan
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18 minutes ago, Kevin15238 said:

Hello everyone,

 

Hope you all are doing well. I need your help/ advise🥺. Unfortunately  I got my life first DUI on 10/2019 😭. I already did my probation and paid all the fine and my this criminal record is already got expunged.


 I’m already eligible to apply for my citizenship 
And I have 10 years green card which is going to expire in 2025. What should I do ? Should i apply for citizenship or renew my 10 year greencard? 
 

I will appreciate your advice or any suggestions. I’m kind of scared 😟.

 

Thank you.

KS

If i am you i will wait 5 years from the end of probation or 3 years if married to a us citizen. You can apply before but there is no guarantee that you will be granted citizenship based on the good moral character.

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Filed: K-1 Visa Country: Colombia
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2 hours ago, nintendoswitch said:

Just get a good immigration attorney in your area and it is manageable. You don’t have to wait 5 years. Nonsense 

The bigger Question is, was he arrested. This would not be expunged at the FBI database. It will show up at every background check.

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20 minutes ago, Calicolom said:

The bigger Question is, was he arrested. This would not be expunged at the FBI database. It will show up at every background check.

All advise I've read/heard is its better to have it off your record before you apply. That way if you are denied it wont be on your record that you were denied for bad moral character. The slogan was "Just because you can don't mean you Should".

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Filed: Lift. Cond. (apr) Country: India
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They put me in the car and took me at the police station and took my breath sample and after that they drop me back home 'same night'. My license was suspended for 60 days and probation for 6 month. They took my finger prints at the Police station as well. Now I did finished my probation period , my AA classes, all the fines, and it got expunged from my record.

 

Court ppl told me that no one will be able to see that on my record but only if you get arrested again or any criminal offense then they will be able to pull that out other wise its all clear.

Now what should I do ?🥺

 

 

 

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32 minutes ago, Kevin15238 said:

Now what should I do ?🥺

Any law enforcement agency will be able to pull up the record. It is only invisible to outside cori checks.(for jobs etc etc) The Government will see it. You can get a lawyer and file your N400 and be prepared to make your case. could go either way. If it was me I would wait until after the 5 years and it would not be an issue. That is your decision though. 

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Filed: Lift. Cond. (apr) Country: India
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@Bob in Boston - Thank you for your advise.  I just find out from my ( Intervention Specialistthat I can file for a ''PARDON / Forgiveness'' for my First DUI and if court approves it then the court will give out the orders to completely delete my first DUI from the all record, including all the government records as well. ( as it never happen ). That's what I was told. 

 

 

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20 hours ago, aaron2020 said:

 


Two DUI is automatically a lack of good moral character and would result in a denial.

 

Not sure this is entirely true. I think it also depends on time between offences, how long ago the latter offence was and if there were other factors involved eg refused arrest, abusive behaviours etc.. 


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4 minutes ago, Kevin15238 said:

@Bob in Boston - Thank you for your advise.  I just find out from my ( Intervention Specialistthat I can file for a ''PARDON / Forgiveness'' for my First DUI and if court approves it then the court will give out the orders to completely delete my first DUI from the all record, including all the government records as well. ( as it never happen ). That's what I was told. 

 

 

It still requires disclosure.. the questions and associated instructions will clearly state expunged offences to be included.. 

Edited by Duke & Marie

IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020

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Filed: Lift. Cond. (apr) Country: India
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@Duke & Marie - what if I apply for a 10 years green card in 2025? do I have to mention that I had a DUI in 2019?

 

 If I apply for my citizenship After 5 years  ... do I have to mention that I got DUI in 10/2019 on the application?

 

in both cases I have to prove my good moral character to them......

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1 hour ago, Kevin15238 said:

do I have to mention that I got DUI in 10/2019 on the application?

 

in both cases I have to prove my good moral character to them......

Go read Section G page 13 on the N400 Instructions. Form Instructions v6 (uscis.gov)

Edited by Bob in Boston

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Filed: K-1 Visa Country: Colombia
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2 hours ago, Kevin15238 said:

@Duke & Marie - what if I apply for a 10 years green card in 2025? do I have to mention that I had a DUI in 2019?

 

 If I apply for my citizenship After 5 years  ... do I have to mention that I got DUI in 10/2019 on the application?

 

in both cases I have to prove my good moral character to them......

In all cases when dealing with USCIS you need to disclose it. It will not demonstrate that you have "good moral character" at any point if you do not. The USCIS background checks are always going to return the arrest record. If it is expunged or pardoned, it will still be there. Always best to say this happened, here was the outcome, here is what I did as rehabilitation of my character and (if applicable) I applied for and was granted an expungement/pardon. The instructions clearly state you must disclose all criminal encounters even if they have been expunged. If you indicate there are no criminal incidents in your past, the adjudicator will very likely consider it misrepresentation and then you have a very different world of trouble to be dealing with. Factually, it happened, so I would suggest to acknowledge it responsibly and let the chips lay where they fall. You'll have to disclose it whether you're applying for LPR renewal or the N-400. 

 

Knowing, for instance, Canada's immigration will not even permit anyone with a DUI to enter the country until 10 years after the end of probation, NOT sentencing, (or 5 years and a costly application for "rehabilitation"), I think it is probably a better plan to renew your LPR and then make application for USC after 5 full years after any parole/probation has ended with no other encounters with the criminal/legal system. Good luck! 

Edited by XenophiliusPDX
grammar and clarity

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