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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109620
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello Guillermo, Last year I got a DUI on June 25th, 2012.

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Hello Guillermo,

Last year I got a DUI on June 25th, 2012. I ended up pleading guilty, but did everything I was supposed to do and am now on summary probation for the next couple of years. This is the only offence I have ever been arrested for.

I received my GC in 2003 and it is up for renewal. I applied online and today had my biometrics appointment, which I attended. It doesn't ask anywhere on the form if you were arrested, so I did not volunteer any such information.
Do you for see any problems for me with my renewal? Is the USCIS going to ask me to submit the disposition papers, I have these at hand. Or, is there a chance for anything more serious? I recently traveled out of the country and returned. I went through an admissibility review at LAX, but was allowed in fairly quickly after the officer looked at my case. Any advice you can give me is appreciated.

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 Thank you!

Customer: replied 4 years ago.

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?



It is possible. You should always have at least 3 copies of each. And always one set with you when you travel until you become a U.S. Citizen.

Do not count on them to pull your record. They will see that you were arrested and convicted, but they will still want to see the certified copies of the police report and court disposition.

Don't send them, but have them with you when and if any interview comes.

And sorry about what you consider "worrisome". It is what it is. I know it is inconvenient, but they want to see a full five years with no issues and that full five years starts when the case closes INCLUDING any time on probation.

Now if you have money to throw away, you can file an N-400 any time you like. You would probably be denied unless you have good moral character letters from very important members of the community like the mayor, judges, police officers, and other community leaders that state that you have good moral character and why. If you do not have such letters (like most of us do not), and you don't have money to burn, then wait the 5 years after the end of your probation.

I am truly sorry. 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. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 4 years ago.



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.

They will most likely not ask you for an interview for your GC renewal, but that doesn't mean that you shouldn't keep three CERTIFIED copies of the police report and court disposition of your case. They normally do not have interviews, but that does not mean that it cannot happen. Hope for the best, XXXXX XXXXX the worst.

It is normal that they do not ask for an interview. But keep in mind that there is no "right" to Residency. It is a discretionary benefit. You have to deserve it and if they believe you are a danger to the U.S. community, you could be denied. It is not normal that you be denied for a simple DUI, but there is no guarantee.

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.



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?



Thank you so much for the positive rating.

What is normaly is that you not be interviewed. They would not normally interview you or ask you for anything in regards to a renewal, but you should at least keep those copies with you just in case. You never know that if during the time you apply for renewal, a few non-immigrants or immigrants end up killing U.S. Citizens in DUI accidents and due to political pressure, the Congressmen pressure USCIS to interview those that have DUIs in their backgrounds. It happened not to long ago in the New England area because of some deaths due to DUIs committed by undocumented persons.

But this should not be a concern for you. Just keep those certified copies just in case.
Customer: replied 4 years ago.

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?



Never say final question because you can always have more depending on my response.

The fingerprint background check will reveal the arrest and possibly the result, conviction and sentence. If they are satisfied that it does not make you inadmissible, then you have nothing to worry about.
Customer: replied 4 years ago.

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.

Please review my answers. You are interpreting them a little too far. As I said, you should NOT have a problem renewing your GC. You WILL have a problem if you apply for U.S. Citizenship before 5 years have passed since the close of your case.