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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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I am a german citizen and have been a permanent resident

Customer Question

I am a german citizen and have been a permanent resident with green card since 1957my card is expiring 02/21/18I have 3 dui in 30 years . do I need representation? I am a viet nam veteran
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Pennsylvanie and am a Viet Nam Veteran
JA: Has anything been filed or reported?
Customer: I have not ye applied but am doing so shortle, also, this year I will be applying for citizenship to USA
JA: Anything else you want the lawyer to know before I connect you?
Customer: does it matter that I am currently receiving radiation treatments for cancer
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Bill Attorney replied 2 months ago.

This is attorney Bill offering assistance to your legal question.

INA Act 212 lists the classes of inadmissible aliens which include those convicted of multiple convictions.

The aggregate sentences to confinement for your dui's would have to be at least five years for you not to be granted a renewal on your green card.

This is set out here:

"B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2 were 5 years or more is inadmissible."

Because DUI is punished by up to 6 months in prison you are still eligible for renewal under the statute.

To further protect your rights to remain in the US you are likely eligible to apply for citizenship.

We are here to help.

Please follow up with me when needed.

In return remember to rate positively before exiting.

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SO I hope you rate FIVE STARS today.


Attorney Bill

Customer: replied 2 months ago.
what do you mean "likely to "?
Expert:  Expert James replied 2 months ago.
Hi there,I am a new expert. Please do not forget that positive rating once you get your answers from me.Was anyone ever seriously injured or killed as a result.When was the last DUI?When were the others?
Customer: replied 2 months ago.
No injuries ever. Last abt 11 yrs ago. Others much later
Expert:  Expert James replied 2 months ago.

Hello again,

First, please accept my apologies for the delay. I was already offline when you responded hours later.

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: I do not think you need representation. DUI's are not considered "crimes involving moral turpitude" unless there is an aggravating factor like getting the DUI while driving on a suspended license, or if someone was seriously injured or killed as a result of your DUI. Based on the fact that these happened so long ago, that you have not mentioned any aggravating factors, and that you have not mentioned any other crimes involving moral turpitude, you should be fine. Note that alcoholism is a basis for which I have heard of naturalization being denied. It will be important to your citizenship process to show that you now have your drinking under control.

As far as radiation treatments, no, that will not affect your eligibility to renew your Green Card or citizenship.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!