Stopped at US customs and they asked about my DWI... Now what?

[neo777]

I got my green card in 2007, and I got my first DWI in 2008 in Virginia. It is a misdemeanor which involved NO accidents or physical injury, and I have completed my probation successfully completing all the court ordered procedures (with NO jail time). I never had any tickets or any other charges after my first DWI (maintaining good moral character).

I've been in and out of states traveling and I was never stopped at US immigration. Recently, I came to US after traveling on my vacation, the immigration officer took my fingerprints and asked about my employer name, the type of job that I do, and then finally wrote something on my US customs paper and said I need to see another officer for second interview. I was confused. I waited for an hour in the interview area and the officer called my name.

This is how the conversation went:

Officer: How long have you been out of states?
Me: 2 weeks
Officer: Where do you live?
Me: I told my city name.
Officer: When did you get your green card?
Me: in 2007
Officer: Have you ever been arrested?
Me: Yes officer, for a DUI.
Officer: When did that happen?
Me: In 2008
Officer: You know that any criminal charges may lead to losing your permanent resident privileges?
Me: Yes sir, but it is a minor alcohol offense.
Officer: (In severe tone) I don't care how minor it is, do you understand that any criminal charge may lead to cancellation of your permanent resident permit?
Me: I understand
Officer: Stamped immigration arrival date with the class LPR (Legal Permanent Resident), and let me go. He also wished me to enjoy my stay.

My question is that, will this repeat whenever I go out of US and come back?

Will this affect my Citizenship application? Based on my research that, "if you are convicted of one misdemeanor that is not a crime of moral turpitude and do not spend over 6 months in jail it should not affect you citizenship application".

When can I apply for US Citizenship? I got my GC in early 2007.

[karthiksp]

Citizenship Eligbility...

Since you got your green card in 2007, still your Citizenship Eligbility is long way to go.

You will be eligible to apply somwhere in 2011.

[jcuecker]

Hey,

Sorry to hear about your experience. I dont think you will have any problems applying for citizenship.

I Just got my citizenship a few month ago and was in the same situation. I got a DWI in Virginia about 4 years ago. I also had some other minor arrests when I was a teenager. As long as you are upfront about everything you should have no problems.

One word of advice; save ALL paperwork from your DWI. They will ask for it. Specificaly you will want a copy of your arrest warrent and the court disposition. Write the court and police station formal letters requesting these documents and they will send them to you.

Good luck!

[bayareamom]

Yes, this can happen everytime you re-enter the country if they fingerprint you. I had an infraction in my record over 12yrs ago (when I was 18).. but I travel for work 3-4 times a year but was never stopped until within the past year. I think because of tighter security measures, they fingerprint residents so if you've had any arrests whatsoever (even ones from decades ago), it will show hence what happened to you when they asked you to speak with the secondary officer. This happened to me twice, the first was coming in from Canada.. and the second coming in from Mexico from a vacation. It was actually these inconveniences at the immigration counter which prompted me to finally apply for my citizenship after 21yrs of residence:-)

And now I'm a US Citizen. :-)

[cageordie]

I went to Canada for two days in June to watch the highest tide of the year on the Bay of Fundy. When I returned, with my girlfriend and her daughter, they gave me the 3rd degree. Crossing from Canada in to Maine is usually trivial but this time he wanted to know what I did, who I worked for, what relationship I had with the other people in the car, whether I had used them to justify my green card (can't do that), where they lived. He asked why I had been in Canada and when I told him he said "You could have done that in Maine"... which isn't true, the biggest tides in the world are at the north end of the Bay of Fundy. Eventually he asked something and I said "but I have applied for naturalization". He asked how that was going and I said "they cashed the check a few months ago" and he laughed then handed me back the three passports.

Regardless of the fact that I don't need anyone to justify my presence here, and I don't need to be employed he still asked me all the things that he might have asked if I was still on an H1. Actually, even when I was on an H1 I never got asked many questions.

I wonder if he was bored or ignorant, but I still just answered his questions.

Be good and get naturalized then you never have to deal with stupid questions from these people again.

[Marius Titulescu]

Sorry for the thread necromancy, but I wonder how long did it take you to get citizenship after this incident?
Thanks in advance!
______________________________________________________
Marius

[oenos]

This is a random check and if I was you, I will not be worried.
When the officer asked you the questions, he already knew you were convicted because the national data base shows right away any convictions. He just wanted to know if you will be lying about your past.

As far as Naturalization and DWI, it will not block the process of naturalization if, of course, you keep it clean and you have no issue with the IRS.

[mike121]

i went to canada for two days in june to watch the highest tide of the year on the bay of fundy. When i returned, with my girlfriend and her daughter, they gave me the 3rd degree. Crossing from canada in to maine is usually trivial but this time he wanted to know what i did, who i worked for, what relationship i had with the other people in the car, whether i had used them to justify my green card (can't do that), where they lived. He asked why i had been in maryland alcohol education program and when i told him he said "you could have done that in maine"... Which isn't true, the biggest tides in the world are at the north end of the bay of fundy. Eventually he asked something and i said "but i have applied for naturalization". He asked how that was going and i said "they cashed the check a few months ago" and he laughed then handed me back the three passports.

Regardless of the fact that i don't need anyone to justify my presence here, and i don't need to be employed he still asked me all the things that he might have asked if i was still on an h1. Actually, even when i was on an h1 i never got asked many questions.

I wonder if he was bored or ignorant, but i still just answered his questions.

Be good and get naturalized then you never have to deal with stupid questions from these people again.

Hi
I got my green card in 2008, and I got my first DWI in 2009 in arizona.I have completed my probation successfully completing all the court ordered procedures.

[ou90d02]

Hey,

Sorry to hear about your experience. I dont think you will have any problems applying for citizenship.

I Just got my citizenship a few month ago and was in the same situation. I got a DWI in Virginia about 4 years ago. I also had some other minor arrests when I was a teenager. As long as you are upfront about everything you should have no problems.

One word of advice; save ALL paperwork from your DWI. They will ask for it. Specificaly you will want a copy of your arrest warrent and the court disposition. Write the court and police station formal letters requesting these documents and they will send them to you.

Good luck!

Have u successfuly traveled since. We're you referred to secondary

[Randomdude]

Officer: Have you ever been arrested?
Me: Yes officer, for a DUI.
Officer: When did that happen?
Me: In 2008
Officer: You know that any criminal charges may lead to losing your permanent resident privileges?
Me: Yes sir, but it is a minor alcohol offense.

Here's where you pi**sed him off.

No DUI is minor. You wouldn't want someone going to your neighbor hood putting you in jeopardy would you? The notion that you think a DUI is a "minor alcohol offense" basically translates to "I traveled to your home and don't care about your rules" so i can totally understand why he felt that way. One common mistake i see migrants make is not taking things serious. You're here in the land of opportunity, don't mess that up!

I'm just being honest with you...