Renew Green Card - Help Please [merged threads]

[StarChristmas 3]

Hello,

 

I am not sure if I am in the correct forum, and I am in need of some answers. I came to the US on 2010. Obtained my first conditional green card through 2013 and renewed through 2023. MY green card will be expiring on 2023. The last couple of years have been hard for me and got convicted of a DUI (1st offense) on 12/6/21 and a wet reckless in April 2018. I was wondering what steps should I follow. I previously spoke with immigration attorneys who declined to represent me for the naturalization process.

 

Also, I was wondering if I could be pointed to timelines for green card renewals.

 

I appreciate your feedback in advance,

 

A.

[Mike E 11,741]

You need an attorney who will tell you, given your criminal record, if you should file I-90 to renew your gc.  

[beloved_dingo 1,979]

7 minutes ago, StarChristmas said:

Hello,

 

I am not sure if I am in the correct forum, and I am in need of some answers. I came to the US on 2010. Obtained my first conditional green card through 2013 and renewed through 2023. MY green card will be expiring on 2023. The last couple of years have been hard for me and got convicted of a DUI (1st offense) on 12/6/21 and a wet reckless in April 2018. I was wondering what steps should I follow. I previously spoke with immigration attorneys who declined to represent me for the naturalization process.

 

Also, I was wondering if I could be pointed to timelines for green card renewals.

 

I appreciate your feedback in advance,

 

A.

Here is info on renewing your green card: https://www.uscis.gov/forms/explore-my-options/renew-or-replace-my-green-card

 

You can file to renew if you card is expired or will expire within 6 months.

 

A single DUI doesn't automatically mean you will have issues with renewal or with naturalization but if there are multiple DUIs or other convictions it could be a problem.

 

I assume the "wet reckless" in 2018 was reckless driving involving alcohol. I am honestly not sure how this would be viewed by USCIS. Hopefully some more knowledgeable members here can chime in regarding the driving offenses. 

[Chancy 6,243]

*** Moved from AOS from K1 Visas forum to General Immigration-Related Discussion -- OP already has a GC ***

 

[Family 4,068]

Option 1.
Apply for N-400 May 1st of 2023, to put the April 2018 wet and reckless outside the 5 year GMC …this just to be on the safe side. But you must have completed all the sentencing terms of the Dec 2021 DUI ..u cannot be on probation when you apply, for example . 
Put together a good show of taxes filed, no other contacts with law enforcement, completion or attendance of any alcohol dependency treatment if applicable, some community organizations/ church leaders Letters of Recommendation ( for example you volunteer coach at Little League…) 

 

Option 2. 
If all the terms of your December, 2021 DUI are completed ( fines paid, classes completed , probation finished) ….and you feel like it’s worth the N-400 fee , apply for N-400 now. The only thing you risk is the fee , as you are NOT removable. You will need to argue wet and reckless is NOT a criminal equivalent of DUI ( and does not show as such on your DMV record) and that you are a person of GMC .

https://www.uscis.gov/news/news-releases/uscis-implements-two-decisions-from-the-attorney-general-on-good-moral-character-determinations

 

 

[Family 4,068]

Absolutely no problem renewing I-90 with DUI’s….a collection of 2 or more bars GMC ( 5yrs needed for Naturalization or 10yrs for Cancellation of Removal…) but are not removable offenses.

[StarChristmas 3]

Hi folks,

 

I am grateful for each of your responses. And thank you kindly to the links to file I-90 steps and GMC.

Yes, my wet reckless had alcohol involved (my BAC was under the limit and no probation period was imposed) Would you still recommend to file on May 2023? - 

Today, I have not completed all of the sentencing terms. Unable to see my family, I am in probation for three years after sentencing. However, I am taking DUI classes and paying my court fees. 

I joined a transformation center exactly two months ago. It is a faith based two-year program so I've been sober and working on myself since then.

I see online that I should be applying to renew my GC six months before expiration. I was wondering if folks had any other insights as well as timelines. I haven't been in this website for ten years so I am little rusty.

 

I appreciate your help in advance,

 

Allie

 

[arken 4,197]

Several states cite reckless driving as criminal. If yours is cited the same way, DUI and subsequent criminal driving would be very negative for N400. Renewing GC is a good idea at this time. 

[Family 4,068]

2 hours ago, StarChristmas said:

Today, I have not completed all of the sentencing terms. Unable to see my family, I am in probation for three years after sentencing. However, I am taking DUI classes and paying my court fees. 

Waste of filing fee and effort to apply before probation ends…so you wait and hold on. 
Where / what country is the family in?

[StarChristmas 3]

Hello members,

 

I live in California and my wet reckless conviction happened in Contra Costa county. My parents and brother live in Peru. They have visas but I am not financially stable enough for them to come visit.

Is my wet reckless accounted as a DUI? Should I be seeking immigration legal guidance? 

What are your thoughts on using the resources listed on this website? https://www.calbar.ca.gov/Portals/0/documents/legalServiceProviders/Sacramento-County-Legal-Services.pdf

 

Thank you again, your feedback helps!

 

- Allie

[Family 4,068]

1. Unfortunately, being on probation bars you from applying .

D. Effect of Probation

An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence.^[30] However, an applicant who has satisfactorily completed probation, parole, or a suspended sentence during the relevant statutory period is not automatically precluded from establishing GMC. The fact that an applicant was on probation, parole, or under a suspended sentence during the statutory period, however, may affect the overall GMC determination.

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

2. Did you have an attorney for the DUI ? At best you can research attorneys that specialize in post conviction relief ..basically they look at the court case and if they find “ procedural errors or constitutional infirmity “ they will tell if you have a chance at vacating judgement.

 

3. Your informal probation does not your ability to travel at all and Peru is not like Canada ( they won’t even let in US Citizens w DUI record ). 

Edited July 6, 2022 by Family

[StarChristmas 3]

I am okay with not applying for naturalization at this time. Even when I only had a wet reckless I was advised not to apply for naturalization. 

Yes. I had an attorney that represented me against the DUI case. If I am applying for a GC renewal I-90, should I still look into post conviction relief and what it entails?

I was advised to not travel during probation as well.

 

Please let me know,

[Family 4,068]

You get your I-90 renewal without issues. I don’t see a problem with international travel to Peru and will hope others chime in. Definitely get a second opinion to make sure those conditions are not part of your probation and it’s not unheard of to get early termination of probation ( after one year for example). 
 

Most important, even if you have to wait it out…you are doing well , and perhaps needed that bump in the road just so you get on a good path. 

[StarChristmas 3]

Thank you Family!

 

I am on the fence. I was told by two immigration attorneys that travel during probation is a NO. Officers at the border have the power to revoke green cards if they see fit. Any other members willing to chime in please? I appreciate you in advance,

 

A

[StarChristmas 3]

Hello,

 

Can someone point me to the timeline to process a green card renewal? As well as steps, which office should I file to? and fees?

My green card expires in March 2022. When can I start filing?

Thank you so much!

Edited July 20, 2022 by StarChristmas