Consequences of DUI's on naturalization and green card
Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.
I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.
Now my questions are :
1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.
Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.
Your earliest reply will highly appreciated.
Let us look at the law for green cards and removal (deportation) first.
Remember the following GENERAL elements of the law (there is more to it).
COMMENTS: I heard a lot about Rajiv S. Khanna's legal firm through a friend of mine and true to his word, they have proven themselves. Rajiv S. Khanna's firm has been very CONFIDENT, WELL INFORMED, HELPFUL AND PROMPT throughout the case. ABOUT MY CASE: I work for a Software company (around 300 employees) with branches throughout the world. I had to go to India for 1-2 years to train our off-shore team and streamline processes for handling US Clients. I already had a GC for about 2 years. I was worried about my stay out of US as it would hinder US Citizenship processing. N-470 seemed to be the best approach (as it would treat my stay out of US for business/employment purpose, as if I was in US). For e.g., Without N-470: Apart from other requirements for Citizenship, following must be fulfilled. . Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months. With N-470: If you live outside US for about 2 years on business/employment purpose, then these 2 years are counted as residing in US as long as we abide to the rules for N-470. The entire process took about a year (ie. time between submitting N-470 and getting the approved N-470 via mail) Some of the requirements are: 1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year). 2. Must apply for N-470 before leaving the country. 3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company for the purpose of business improvement. 4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment. Rajiv's staff has been very helpful and has all the information on how to apply for N-470. They even provided counseling to help me understand the requirements and if I qualify for N-470 before taking up my case. Good Luck...