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  • DWI and citizenship process

    To Whom It May Concern:
    I applied for citizenship on February 5th 2007, three weeks later I got the appointment for the fingerprint process schedule for March 16th 2007 (done), but prior to receiving the letter I was arrested on February 18th 2007 for DWI; my lawyer is working on the DWI case but I am very concern on was going to happened with the citizenship process after the DWI. Also prior to all this, about three or four years ago I was charge with ďhit and runĒ from which I pleaded guilty, since the other party never showed-up I only paid about $360 in fines and court fees and that was it. Please let me know what to expect or what to do if hopefully I get to the interview. I am from Texas. I will really appreciate your help with this matter. Thanks.

  • #2
    DWI and citizenship process

    Hello jjgarcia6932
    I am in d same shoe as you are. I applied in Houston, TX with priority date Feb 23, 2007, i had fingerprint done in March 24 2007. From my understanding DWI (1st offence is not a CIMT so it posses no problem. But is the Hit and Run a criminal case, if it's a criminal case and you are convicted, since is only fine no jail term then no problem but be extremely careful any criminal conviction after this will make you ineligible. Note one obstacle is make sure you took care of the DWI before interview date, i mean either pay fine or get it dismissed or complete probation before apperaing for ionterview.
    If you have any other concern let me know


    • #3
      Thanks for your opinion, but like you said, I have to take care of the DWI now. It seems that by the time they call me for the interview Iím still going to be on probation. So what I want to know is, does being on probation can be a reason to denied the citizenship? Any ideas?


      • #4
        Hello buddy, Automatically not completing probation, suspended sentence, jail term, parole is a ground for denial of citizenship. How long is your probation? My best advice you will have a month to your interview if you think you will still be on probation just go back to the court pay for the fine. provided this your 1st DWI
        other options you may consider are

        option 1:reschedule your interview date(usually it might take 3 months or more not sure to get another interview)
        option 2: go back to court and pay the fine.get it over with.
        option 3: withdraw your application loose your $400 after 4 months to completing your probation reapply.


        • #5
          Thanks for your replay Elliot4004, but going back to court and paying the fine automatically will give me one year on probation another thing why not risk it and go to the interview, either way, if they do not approve the citizenship or if I withdraw the application I am still going to lose the $400 dollars and I still can reapply after the probation is over.
          See, the deal with the probation the lawyer is trying to put me on is the one that can get the DWI off my record but it would take about one to two months in order to get a response from the judge, if they reject this petition then Iíll be getting regular probation which would consist on about one year probation, 20 to 40 hours community service and some monthly payment. You said you were in the same shoes as mine; did you get DWI too? I really appreciate your responses, Thanks.


          • #6
            Buddy this is my story
            I have a clear record until 02/04/2007 (charge with cheating & swindling) just 3 mths to naturalizing. Though i'm in the pre trial phase of the case. So i'll try to get the case dismissed but if not successful then get convicted with no probation and pay the fine or plead not guilty with 3 mths probation & reschedule my interview or reduce the charge to disorderly conduct and pay fine. (lawyer told me this is possible cos i've no prior criminal record).

            I believe interview should be coming up sometimes between June & july for me probably yours is a little bit earlier.

            please just update as things are going.I'll also update you on mine.


            • #7
              August 30th
              Well,I got my interview letter today (appointment date: October 22nd) what am I going to do, I have no idea. I am on probation for at least ten more months (June 2008). Is there any way they will let you reschedule up to ten months or so? Can I go to the interview and see what happens, or being on probation is an automatic rejection.If anybody can help me with this matter I will really appreciate it.Thanks.


              • #8
                Hey buddy, nice to hear from you again.Ive been trying to reach you.
                Really, talk to your lawyer to let the Judge know about your immigration issue. You might be lucky the judge might reduced the probation.
                Well i'm yet to receive any notice from them but Thank God i was able to get 2 months probation for my offense which i ve completed already.
                Discuss this with your lawyer and see what he says.
                All the best with your interview.
                what is your priority date?
                Last edited by elliot4004; 08-31-2007, 10:59 AM.


                • #9
                  Re: DWI and citizenship process



                  • #10
                    Re: DWI and citizenship process

                    my name is kristine i just wanted to ask regarding my problem its been ten years and i believe you can help me out by answering some information i want to know,its regarding my husband who got in jail for ten years and now his under parole in the state of california,i wanted to ask if his goin to be able to back in our country after getting the pardon,honestly i want him to be with me,im so desperate of looking for a help regarding this matter,anyway his is not american citizen and still holding filipino passport,is there anyway to deport him,can you advise me what i need to do coz im too far im residing here in dubai and i dont have any contact that can help me and my husband to sort things out

                    hope for your kind consideration