DUI/DWI and citizenship

[NYGirl 0]

Hello all,

I have a friend who brought her husband on a K1 from Russia about 2 years ago or so and now next month it's time for them to remove conditions to get a 10 year G.C. The thing is.......last year he went out with his friends and had couple of beers and then a got into an accident, he got hit in the back of his car and it wasn't his fault of course but when the police came over they arrested him due to being "drunk" which he really wasn't but did have alcohol in his body. I don't know whether he was convivcted or not, i think he was not but not sure. Anyway, she asked me if I know but I searched on VJ and din't find it. On the form that you will fill out for your 10 year GC, it is asking if you were arrested and etc and then says......if you answered yes then please provide all the evidences that are on the list. I looked and searched and can't find what kind of evidence they need and what the list is. Do you know what they need and where can she find it? I don't know if he was or wasn't convicted but if he was, will they deny his GC, is there going to be problems? What if he wasn't convicted, what papers should they provide and where can she find that whole list of what they need such as evidences and whatever they are refering to. Please help me so that I could help her since I couldn't find it. They are going insane!

Is he going to have a problem or being denied when it's time to apply for his citizenship?

Thank you all!

[KyngSilva 0]

NYGirl,

Rather than taking bits and pieces from peoples opinion on here it would be best if they just contacted an attorney. Issues like these might need advice from somebody who knows the process a little better. Best of luck

[payxibka 10,045]

http://www.uscis.gov/files/article/M-476.pdf

look beginning on page 25: It lists habitual drunkenness...

[KyngSilva 0]

NYGirl,

Rather than taking bits and pieces from peoples opinion on here it would be best if they just contacted an attorney. Issues like these might need advice from somebody who knows the process a little better. Best of luck

Adding to the above post

NYGirl,

For example, if you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license.

You can never say what will happen with the USCIS as far as approving a file. That's why I think they should contact an attorney. All the above documents can be obtained from the local court house or the county court clerks office.

Best of luck!!Hope it helps.

[KyngSilva 0]

http://www.uscis.gov/files/article/M-476.pdf

look beginning on page 25: It lists habitual drunkenness...

According to the post by NYGirl ,I don't think that situation qualifies as habitual drunkness, unless he has done it more than once. He had a lapse in judgement, by drinking and driving.

[payxibka 10,045]

http://www.uscis.gov/files/article/M-476.pdf

look beginning on page 25: It lists habitual drunkenness...

According to the post by NYGirl ,I don't think that situation qualifies as habitual drunkness, unless he has done it more than once. He had a lapse in judgement, by drinking and driving.

I drew no conclusions nor wanted to indicate any... Anna is a big girl..... She will pass on any inforamtion she gets to the apporpriate parties involved....

[KyngSilva 0]

http://www.uscis.gov/files/article/M-476.pdf

look beginning on page 25: It lists habitual drunkenness...

According to the post by NYGirl ,I don't think that situation qualifies as habitual drunkness, unless he has done it more than once. He had a lapse in judgement, by drinking and driving.

I drew no conclusions nor wanted to indicate any... Anna is a big girl..... She will pass on any inforamtion she gets to the apporpriate parties involved....

Um ok. I don't really understand why your telling me she's a big girl. But thanks!!

[NYGirl 0]

http://www.uscis.gov/files/article/M-476.pdf

look beginning on page 25: It lists habitual drunkenness...

According to the post by NYGirl ,I don't think that situation qualifies as habitual drunkness, unless he has done it more than once. He had a lapse in judgement, by drinking and driving.

I drew no conclusions nor wanted to indicate any... Anna is a big girl..... She will pass on any inforamtion she gets to the apporpriate parties involved....

Um ok. I don't really understand why your telling me she's a big girl. But thanks!!

LOL, thanks to all

[Chica Yeyé 41]

I thought you said the friend was removing conditions.....

[NYGirl 0]

I thought you said the friend was removing conditions.....

They will be removing conditions next month.

But then I just asked about citizenship as well, I am just ahead of them

[NickD 202]

I thought you said the friend was removing conditions.....

They will be removing conditions next month.

But then I just asked about citizenship as well, I am just ahead of them

No sense in jumping the gun until you get your facts straight. Somebody mentioned an attorney, from what you said, sounds like her guy needed one for that incident.

[kmineo 0]

I am not sure what the affect will be on the GC but I am pretty certain it will get you in rough waters when applying for citizenship. Also depends if he was convicted or if the courts found him not legally over the limit. I knew somebody who choose not to apply for citizenship and just continue to renew the GC due to advice from their family's immigration lawyer. They got arrested for some typcial drunken disorderly instance in their college years. I mean something relatively minor, no harm was done, nothing stolen, you get the picture. Still they were told not to go for citizenship becaue of it. Anyway maybe things have changed, but I would definitely have your friend the advice of a good immigration attorney before applying.