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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Lost Green Card And Multiple DUI's

    [Redacted by Moderator. Poster, please don't make rude statements at the volunteers here.]

    Hello, i have been a permenant resident in the USA since i was 14, i am 30 now. My mother was actually born in the USA, Citizen but lives in Egypt and my father obtained his citizenship (also lives in Egypt). I basically never went to do my citizenship since i always thought a permenant resident is just fine and i'd do the citizenship later.

    I lost my green card physically so everytime i travel i goto the INS office and have them stamp my passport showing that i am a permenant resident.

    Then this last time i went i started the paperwork to get my replacement green card since i physicallly lost mine. and on April 1st i went to do fingerprints and on April 7th i actually travelled to Egypt to visit my family, i recieved a letter in the mail *my roomate in USA informed me* that said they want the court dispositions for my 3 arrests i've had..here is where it gets UGLY.

    2004 was a horrible year.

    July2004 Misdemeanor DUI & Failure to obey police officer.sentenced to 10 days jail in AZ with work release.

    October 2004 Pulled over for DUI, since i had no liscence *suspended for past dui* this makes it an Aggravated DUI in AZ. ( I was not drinking or anything and this case was tossed out)

    December 2004 Pulled over for DUI, since i had no liscence *suspended for past dui* this makes it an Aggravated DUI in AZ

    **Yes ofcourse your thinking this person must be an idiot and I AGREE! i do not and have not ever drank since.

    None of those DUI's involved accidents or injury or anything.

    The first DUI was a misdemeanor the 2nd and 3rd which were both AGG's were combined and tried together the 2nd was dismissed in the plea deal and i plead guilty to the 3rd (AGG DUI) recieved 4 months in DUI PRISON *not jail* 4years probation. Class 4 felony.


    Since then i have asked about getting citizen ship with a Class 4 DUI felony when i've gone to immigration and they said its a DUI and no one was hurt so i should apply for my citizenship BUT after i get my green card physically in my hands *since i've lost the card*
    ------------------------------------------------------------------------

    My question is, now that i went and did the fingerprinting for the replacement Green card i feel like i opened pandoras box, because now they sent me the papers saying i need to send them court disposition of my arrests in 2004

    1)why do they need this, i already have a green card *permenant residency*i just lost it and wanted to get a new one?

    2)Can they actually revoke my permentant residency for this?

    3)Every time i've travelled since 2004 i've been question when entering the USA but always no problems, they just ask basically how could i be so stupid and arrested 3 times in 6 months for DUI! But now i' am in Egypt and this letter is waiting for me in USA do i have to worry about entering this time?

    4) i've asked immigration officers about getting citizenship and they said a DUI is not a crime of moral terpitude even though its an Agg DUI, is this true? Or is Aggravated DUI a crime of moral terpitude even though there was no injury?

    Can you please advise me and just help guide me in the direction i need to take, obviousley INS has known about my arrests since 2004 *when you goto DUI prison you go through INS if your a greencard holder* Why now that i applied for replacement they want dispositions...


    I obviousley should get a lawyer but now i'm in Egypt so please advise.


    ps: i know drinking and driving is very dangerous i had my Dui's before even going to one class or doing one day of jail for the FIRST ONE! Now i've learned and I NEVER EVER EVEN TOUCH ALCOHOL since i can't handle it and its taste even SUCKS! So please don't attack me and so forth, i made mistakes and i paid for them. Thanks

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Lost Green Card And Multiple DUI's

    Okay, we will go through this again.

    When you refiled your paperwork, someone looked over your entire record and is now contemplating your status. When they do this, they are beginning an investigation.

    Yes, your status may be revoked.

    One DUI is not an issue of moral terpitude. Several can be. It shows a habitual offender.

    This board does not get single answers. The only time it does is when those answers are all that is necessary.

    Trust me... if others think of something to add, they aren't shy.

    You need a very good immigration attorney to keep your card. There is no way an internet board, even one as good as this one, can replace the attentions of a good attorney.

  3. #3

    Default Re: Lost Green Card And Multiple DUI's

    I'm not a lawyer, so don't take this as legal advice. This is only my experience and my limited knowledge of the facts.

    Only convictions matter, so arrests are meaningless. It sounds to me like you have a misdemeanor and a felony. Find out if they are crimes involving moral turpitude.

    From what I know, what matters is if the crimes were "crimes involving moral turpitude." If you committed one of these within 5 years of coming into the US, you are deportable. If you commit one after the 5 years of coming into the US, you are not deportable unless you obtained your green card from some specific way that I can't remember. If you commit 2 or more (coming from different events) at any time, you will be deported.

    I had a crime involving moral turpitude after 5 years stay and was not deported. However, when I applied to renew my green card, they did ask for a docket copy of my crime. They took it, read it, confirmed I couldn't be deported or denied the green card on those grounds, so they renewed the green card. My guess is that they are doing the same thing for you.

    Personally, if they didn't deny entry into the US and they told you that those weren't a problem, I'd feel positive that nothing bad will happen. Simply give them a copy of your docket and hope for the best.

    Another thing. Hire a lawyer to see if you're a US Citizen. If your mother was born in the US and filled other requirements to pass her Citizenship to her children, it could be the case that you already are a US Citizen from birth.

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