Criminal Law Canadian applying for US citizenship / DUI?

[jaciii2]

I am a green holder for 8 years with no problems with the law. I would now like to apply for citizenship within the US. (I miss the right to vote!) Here is my dilemna: I was arrested in Canada 17 years ago on a dui for which I pleaded not guilty, and I was acquitted. How will this affect my application? I have seen the app and it requires that I submit all paperwork regarding the situation. I don't even have a clue as to how to get the paperwork.

Should I be concerned?

 

[seniorjudge]

Ask the immigration folks your question.

My guess is that it will not affect your process.

 

[muggsyj]

This is not legal Advice!



This is the law:

Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.






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Good Luck


Mark.