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  1. #1
    Join Date
    Mar 2011
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    4

    Default Marriage Annulment, DUI and Naturalization Application

    Hi all:
    I have two issues:
    A) I am thinking of applying for naturalization. I have had my green card for over 10 yrs. The issue of concern is that I went through marriage annulment instead of divorce, and my green card was sponsored by my ex wife. The annulment was based on "significant misunderstanding & discord"-- nothing like fraud which is very serious. It should have been divorce but I agreed to annulment since at the time it sounded like the best option. Annulment was in 2000 after we had been married since 1995 (I have a 10 yr green card).

    B) Unfortunately, I got a DUI (1st offender) in 1999. This is a misdemeanor situation but still very serious offense. I am afraid it may reflect negatively on me.

    Is it possible to apply for naturalization if my marriage was annulled & I have a DUI conviction on my record?

    If I apply for Naturalization, will I be risking my green card since it was sponsored by a marriage that was annulled?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Marriage Annulment, DUI and Naturalization Application

    Either conditions were removed form your Green Card or they weren't. If conditions were removed, then... the conditions were removed and are irrelevant to your present situation.

    If your only criminal history is a DUI from 1999 I would expect that not to prevent naturalization, but when a criminal history is involved it doesn't hurt to run the details past an immigration lawyer.

  3. #3
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Marriage Annulment, DUI and Naturalization Application

    Quote Quoting Mr. Knowitall
    View Post
    Either conditions were removed form your Green Card or they weren't. If conditions were removed, then... the conditions were removed and are irrelevant to your present situation.

    If your only criminal history is a DUI from 1999 I would expect that not to prevent naturalization, but when a criminal history is involved it doesn't hurt to run the details past an immigration lawyer.
    Conditions were removed that's how come I have a 10 YR green card now. However, my concern has always been this: since my LPR card/green card was sponsored by marriage to a US citizen, and that marriage ended in annulment rather than divorce, will this present a problem during naturalization? Marriage annulment is retroactive-- it basically terminates the marriage from the very beginning and makes it look like you were never married i.e the marriage did not take place.

    Thanks.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marriage Annulment, DUI and Naturalization Application

    If it needs to be said again, if the conditions were removed from your Green Card, your Green Card is no longer conditional.

  5. #5
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Marriage Annulment, DUI and Naturalization Application

    Quote Quoting Mr. Knowitall
    View Post
    If it needs to be said again, if the conditions were removed from your Green Card, your Green Card is no longer conditional.
    Thank you.
    So you are saying that even though marriage annulment acts retroactively to erase the fact that "I was ever married", this is not the same (retroactive) principle the immigration would adhere to after issuing unconditional 10-yr GC? Immigration made their decision to issue me with 10 YR GC based on the validity of my marriage at the time and what happens to my marriage after that is of no consequence to their original decision to issue me with the 10 YR GC?

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