Immigration Law Questions? Ask an Immigration Lawyer.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.
Luckily, a simple DUI with no aggravating factors will not cause you to be denied a renewal of your Residency. You do not have to disclose that.
When you travel, you should carry with you certified copies of BOTH the police report and court disposition.
And finally, when you apply for U.S. Citizenship, you MUST disclose this even if you get it sealed or expunged, and you should apply after more than 5 years have passed since the close of the DUI case including any time on probation. To apply before would probably result in denial.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Thanks Guillermo, would you expect the UCSIS will ask me for the disposition papers for my case? Or, will they be able to pull my record from the FBI and see the details and status about my case?
I only ask because I am wondering if I should just send them in advance.
Also, what you said about the "close of the DUI case" is a little worrisome. I was going to apply for my citizenship after my probation was over based on the fact that I already completed five years after my GC was granted. I was also advised that a single DUI would not solely be used to deny citizenship. Do you disagree with this approach?
I am not sure I quite understand, are you saying they will likely ask for an interview for my GC renewal? I did not know that they had interviews for GC renewals, I thought it was just for citizenship. Is this what you are saying will probably happen? I.E. Is this the normal process for people in my situation - they get called in for an interview?
I can always obtain copies of the court disposition if needed.
Thanks, I have gone ahead and submitted a rating. So if the interview is not normal for this, I am just trying to understand what is normal for this? I.E. What is most likely to happen? Will they simply grant my renewal, ask for me send the disposition papers, or ask for an interview?
Okay, thanks. Final question.
It seems odd that they would not even ask for the disposition papers because otherwise how will they know if someone convicted has completed all of their court obligations? Or is it just based on the nature/level of the crime itself. I.E. They wouldn't consider a DUI as an offense that warrants denial? BTW, they will be able to see the exact nature of the offense from the fingerprint check, right?
It sounds like there is not a clear process for this. I cannot possibly be the only person this has happened to I'm sure. I guess I am trying to just understand what happens most commonly.
Since, I was admitted at the LAX airport 1 week ago, I am assuming I am admissible. I was very open with the officer at the airport, but he didn't seem to think too much of the DUI. He told me that if that is all there was he'd be able to approve my passport in a few minutes, and he did.
I guess I just need to wait and see.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).