In general, a DUI conviction does not preclude an applicant from obtaining US citizenship. If you have a DUI record and are seeking for U.S. citizenship, you must report the arrest, charge, conviction, and facts surrounding the offence on form N-400, Application for Naturalization. There are cases where individuals have been denied citizenship due to their criminal history; however, this is not common.
There are cases where applicants have been denied citizenship due to their criminal history. For example, an individual who has been convicted of murder or manslaughter, as well as other crimes related to violence, may be ineligible for citizenship. The decision on whether to grant or deny an application for naturalization is made by a naturalization officer. If you have questions about whether your DUI conviction bars you from becoming a citizen, it's best to contact the US Citizenship and Immigration Services (USCIS) directly through its website: https://www.uscis.gov/naturalization/application-process/forms-statutes-rules
The best way to ensure that you do not lose your chance at citizenship is to consult with a lawyer who specializes in immigration law. An attorney can help you understand what aspects of your criminal history may affect your ability to become a citizen and they can advise you on how to deal with these issues so they do not jeopardize your application.
A single DUI conviction will not automatically stop you from obtaining citizenship or a green card. However, if this is not your first DUI or if it is paired with another felony or crimes (such as drug possession), you may lose your visa, green card status, or citizenship application. If there are additional convictions for driving without a license or other traffic violations, this could also result in deportation.
However, if you meet all the requirements, you can apply for a special permit called "cancellation of removal." With this permit, all the grounds for inadmissibility that would otherwise apply can be removed. In addition, you can reapply for a new type of visa called "voluntary departure." This permits you to leave the country voluntarily instead of being deported.
The cancellation of removal process can take several years and requires an attorney to help you prepare your application. There are many factors involved in this decision including how many years you have lived in the United States, what kind of crime was your DUI charge related to, whether there are any siblings under the age of 18, and more.
If you believe that you qualify for cancellation of removal, contact a skilled immigration lawyer immediately so that you do not lose your chance at this opportunity.
A DUI arrest, criminal charges, and conviction may jeopardize an immigrant's status in the United States. A criminal conviction on record can result in refusal of entrance into the United States, as well as removal or deportation from the country. An alien who is convicted of a crime involving moral turpitude (CIMT) is disqualified from entering the United States.
In addition, certain crimes committed by aliens are grounds for denial of re-entry into the United States. These include crimes relating to terrorism, espionage, and violations of national security or foreign relations laws.
An alien arrested and detained by federal immigration officials will be given an opportunity to apply for relief from removal. This may include asylum applications, special visas such as the U Visa, and other forms of protection from removal. The alien should not attempt to leave detention without legal counsel present.
If you have been arrested and charged with a crime, it is important that you contact a skilled Los Angeles criminal defense attorney immediately. An experienced lawyer can help you decide what steps to take next and protect your rights.
The Law Offices of Jonathan E. Berger is currently accepting new clients. If you have been accused of a crime, do not wait to hire an attorney. Time is critical in protecting your rights and ensuring that your case moves forward in a timely manner.