Applying for citizenship and travelling abroad - 2 times arrested

[klm9971 5]

I have a 10 year permanent GC based on marrying a US Citizen. I got arrested on Sept 2012 with a Domestic Violence charge but, my ex-wife dropped the charge and it never went to the judge. I also expunged this case on 2014 and divorced her at the same time. 2nd time, I got arrested in Sept 2014 with a DUI and the case is still pending. From my lawyer, it should be dropped from a DUI, but yes! I did spend 8 hours in jail.

With that being said, I traveled abroad in July 2014 and when entering US, immigration officer asked me why I was arrested and how many times. I gave him the full detail and he let me go.

My question is: 1st: If I travel now what are my chances for an immigration officer to stop me again and possibly deport me right then and there? 2nd: My citizenship is due this Nov 2015, how much chances do I have to become a US Citizen?

I am a professional working M-F (9-5) job with a good income and stable job. Its just that my time was bad when I got arrested

[citizenship1 1]

when you come back from international travel, you are being grilled at airport by IO about your arrest or criminal record?

I hope you get your DUI case resolved soon meaning it gets dismissed.

DUI is a serious case bro. even if you were not convicted of it, it is a moral whatever thing they call it.

YOUR only focus should be having the case DISMISSED, not settled..

you will not get deported but you will be grilled at the POE.

I would wait to file for citizenship until your DUI case is decided by the judge or court . dismissal and expungement is what you should fight for!

Edited January 28, 2015 by citizenship1

[Dohan 133]

You said your citizenship is due Nov 2015, do you mean you already applied or you will be allowed to apply in Nov? You should gather as much as possible proof of your good moral character, this means letters from employer saying you are a good employee, honest, etc. Letters from neighbors, friends. Do some volunteer work. Make sure many people can say you are an honest person of good character.

I have worked with people on such cases and these letters really do help. At the same time make sure the cases against you are dismissed and that you have certificates of disposition from the court.

At the end of the day it is at the discretion of the officer reviewing your file whether you are approved. I have seen cases be denied for criminal record so make sure you have strong evidence that these cases were dismissed. Maybe you can even have an affidavit from your ex wife explaining that it was a misunderstanding (probably would be difficult to obtain but thought I would mention it just in case you still communicate).

[oscar12 23]

DUI is a big issue when applying for a US citizenship....And any arrest is a big set back...I will advice you prepare enough and possibly get a lawyer to help during your citizenship process..Good luck

[JimmyHou 613]

If they decide that your offenses reflect poorly on your character (which is very likely if you are convicted for the DUI), they will likely deny any citizenship application you make in the 5 years following your arrest. It isn't certain that you will be denied, but it is likely.

If you wait 5 years and apply in September 2019, you will still be questioned about the arrest and it may still affect the decision, but denials for these types of offenses that are outside the 5 year statutory period are more rare.

If you are applying based on marriage to a US citizen, then replace the 5 year references above with 3 years.

[klm9971 5]

when you come back from international travel, you are being grilled at airport by IO about your arrest or criminal record?

I hope you get your DUI case resolved soon meaning it gets dismissed.

DUI is a serious case bro. even if you were not convicted of it, it is a moral whatever thing they call it.

YOUR only focus should be having the case DISMISSED, not settled..

you will not get deported but you will be grilled at the POE.

I would wait to file for citizenship until your DUI case is decided by the judge or court .dismissal and expungement is what you should fight for!

Thanks for your response. Yes! My lawyer is trying his best to have the case dismissed. DUI cannot be expunged, in Florida.

[klm9971 5]

You said your citizenship is due Nov 2015, do you mean you already applied or you will be allowed to apply in Nov? You should gather as much as possible proof of your good moral character, this means letters from employer saying you are a good employee, honest, etc. Letters from neighbors, friends. Do some volunteer work. Make sure many people can say you are an honest person of good character.

I have worked with people on such cases and these letters really do help. At the same time make sure the cases against you are dismissed and that you have certificates of disposition from the court.

At the end of the day it is at the discretion of the officer reviewing your file whether you are approved. I have seen cases be denied for criminal record so make sure you have strong evidence that these cases were dismissed. Maybe you can even have an affidavit from your ex wife explaining that it was a misunderstanding (probably would be difficult to obtain but thought I would mention it just in case you still communicate).

Thanks for your response. I will be allowed to apply in Nov 2015. I agree with your part to gather as much evidence as a good moral character during my citizenship. My office co-workers, friends, neighbors, etc. I do have a certificate from my Domestic Violence case with me which says its dismissed from the court.

I can get an affidavit from my ex-wife to state that we had the a misunderstanding.

DUI is a big issue when applying for a US citizenship....And any arrest is a big set back...I will advice you prepare enough and possibly get a lawyer to help during your citizenship process..Good luck

Thanks bud!

If they decide that your offenses reflect poorly on your character (which is very likely if you are convicted for the DUI), they will likely deny any citizenship application you make in the 5 years following your arrest. It isn't certain that you will be denied, but it is likely.

If you wait 5 years and apply in September 2019, you will still be questioned about the arrest and it may still affect the decision, but denials for these types of offenses that are outside the 5 year statutory period are more rare.

If you are applying based on marriage to a US citizen, then replace the 5 year references above with 3 years.

No! I am not applying based on my marriage. I got divorced so I have to wait for 5 years.

[Marco&Bettina 502]

Moral turpitude is the term you're all looking for.

[moe1985 8]

Dont worry, if it your first offense and you are not convicted yet, you are totally fine! you need to fight your DUI case and get it dismissed for the best outcome!