Will my green card be accepted for renewal after 2 misdemeanor DUI's (no accident or injury)?

Immigration 2 views 4 answers
1) 1st DUI... Dec, 2006 2) 2nd DUI... was pulled over Nov 18, 2011 ... Case in progress (I'm sure it will be a conviction). Neither DUI's resulted in an accident or injury and both took place in CA. I recently applied for my green card renewal. I have been a green card holder since 1992. Not sure if it makes a difference but a little about me. I'm a professional with a bachelors degree and currently in a Masters program. a) Will I be approved for renewal? b) am I admissible if I leave the country? c) Will I be able to become a US. citizen with 2 DUI misdemeanors? d) Do 2 DUI's classify a person as a habitual drunkard? Thank you-

Attorney Answers

4
Daniel Shanfield ·
Good question. Since the penal code or VC section hasn't been listed here, it's hard to provide a firm answer. In general however, unless there is an injury, damage, or knowingly driving on a suspended license while under DUI probation, your immigration status and admissibility should be safe. As for citizenship, the immigration regulations normally prohibit granting of the application for lack of good moral character while the applicant is on probation. In my experience representing clients with DUIs before the USCIS San Jose office, I have been able to successfully show good moral character and avoid the habitual drunkard issue by preparing a well documented application. An attorney is definitely necessary if you are thinking of applying within the next few years. Good luck! Daniel Shanfield (408) 457-1549 Good luck!
0 upvotes
Jeffrey Devore ·
Generally speaking, misdemeanor or "simple" DUI is not considered to be a crime involving moral turpitude. Typically 2 DUI's do not render someone a habitual drunkard, but it is a subjective question which will depend upon the facts of a particular case. In terms of naturalization, while DUI may not be a crime involving moral turpitude it can still affect a finding of good moral character depending upon how recent the convictions are and other factors. You should consult with an experienced immigration attorney who can review your case in detail and advise you as to your eligibility and how best to proceed.
0 upvotes
Kyndra Mulder ·
There may be a question of, "habitual drunkard." However, you should be able to renew. I suggest you have an experienced immigration attorney work with you in filing your renewel.
0 upvotes
William Fong ·
I agree, you should consult with an experienced immigration attorney to review the full record to see if there will be a problem with the renewal.
0 upvotes

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