QUESTION
Do I have a case to apply for citizenship or should I seek an attorney?
Asked on Feb 24th, 2012 on Immigration - Texas
More details to this question:
I have been a permanent resident since 2003 and looking to apply for my citizenship. Late 2004, while in college, I was arrested for disorderly conduct and open container for which I paid fines for. In Dec. of 2005 I was arrested for DWI and 3 degree eluding on the same evening. As part of the plea bargain, I pled guilty to the DWI and placed on Pre-Trial Intervention for the eluding which I completed without a glitch. I will be applying for my citizenship on March on 2012 with only traffic violations within the statutory period and I was wondering whether I will be denied?
4 ANSWERS
You should be good to go. Best of luck.
Answered on Feb 27th, 2012 at 11:50 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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These offenses do not render you ineligible for naturalization. However, you will have to provide the documentation(certified conviction documents) for each case. Normally, if you were on probation during the last 5 years, an officer can deny your case based on discretion. If not, it should be a simple matter. The decision of hiring an attorney is solely yours. It is not mandatory that you hire an attorney.
Answered on Feb 27th, 2012 at 11:25 AM
The convictions you mentioned do not sound like the very serious offenses that can legally bar eligibility for naturalization which is a review of the court documents, identifying the specific statutes and specifying the exact terms of the sentences would confirm this. Nonetheless, the USCIS's Atlanta Field Office has been harsh in assessing whether some offenses, by themselves or as a group, show a "lack of good moral character" that will allow it to deny a naturalization petition. This is true even if no single offense would legally bar naturalization. Last year, two naturalization petitioners hired our firm after the naturalization petitions they filed without an attorney were denied. Following naturalization interviews/examinations, the USCIS focused on multiple minor traffic offenses, none of which included even a single DWI, in denying the petitions for "lack of good moral character."
Answered on Feb 24th, 2012 at 9:10 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You should be fine, but definitely consult with an attorney to review your other traffic violations to see if there is an issue that might link back to the more serious charges.
Answered on Feb 24th, 2012 at 8:26 PM