Do I really need a lawyer for my N400? Mixed answers

neveradoctor

New Member
Thanks for taking the time. I have talked to a few people including some lawyers and some say I should get one, some say I should just apply. Times are tough right now so I'm trying to figure out if I really need one.

I was arrested for DUI 4 years ago. No accident just pulled over for a traffic violation. I was not over the legal limit, not over .08. The DA did not file DUI charges against me but I did get a traffic ticket. Now that I'm eligible to get US Citizenship I tried to get an arrest disposition but the police agency said they do not have a copy of it anymore. I also tried to get a court disposition but the court said they also don't have a copy anymore. The court gave me 2 documents

1. A paper signed by them stating they destroyed the traffic court record and have no record of my case.
2. A paper signed by them stating they have no records for me in their criminal division.

I have no other arrests, no misdemeanors no felonies, no probation. I made that one night and I'm thankful no one got hurt. I do have some other driving violations but no misdemeanors. Most of the driving violations are years apart.

I just don't know if I need to hire someone. The last lawyer I spoke to tried to scare me and said I could be placed in deportation process for a DUI when I had just explained I did not actually get a DUI and I also told him I'm a permanent resident. My research shows that could only happen to an illegal immigrant.

So I have 3 questions.
Do you think I need to hire a lawyer before I submit my N400?
A lawyer said that from my arrest alone, US Immigration will count that as being guilty even without being convicted? Is this correct??
I read that an applicant should not have any arrest within the last 5 years. Is that correct?

I appreciate your help.
 
Last edited:
Thanks for taking the time. I have talked to a few people including some lawyers and some say I should get one, some say I should just apply. Times are tough right now so I'm trying to figure out if I really need one.

I was arrested for DUI 4 years ago. No accident just pulled over for a traffic violation. I was not over the legal limit, not over .08. The DA did not file DUI charges against me but I did get a traffic ticket. Now that I'm eligible to get US Citizenship I tried to get an arrest disposition but the police agency said they do not have a copy of it anymore. I also tried to get a court disposition but the court said they also don't have a copy anymore. The court gave me 2 documents

1. A paper signed by them stating they destroyed the traffic court record and have no record of my case.
2. A paper signed by them stating they have no records for me in their criminal division.

I have no other arrests, no misdemeanors no felonies, no probation. I made that one night and I'm thankful no one got hurt. I do have some other driving violations but no misdemeanors. Most of the driving violations are years apart.

I just don't know if I need to hire someone. The last lawyer I spoke to tried to scare me and said I could be placed in deportation process for a DUI when I had just explained I did not actually get a DUI and I also told him I'm a permanent resident. My research shows that could only happen to an illegal immigrant.

So I have 3 questions.
Do you think I need to hire a lawyer before I submit my N400?
A lawyer said that from my arrest alone, US Immigration will count that as being guilty even without being convicted? Is this correct??
I read that an applicant should not have any arrest within the last 5 years. Is that correct?

I appreciate your help.

Hi Neveradoctor,

I recommend you read this website from USCIS and might clarify some of your doubts. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

Hope this helps a little and best of luck
 
Use the search function here, you will get all your answers you need.

Quick response,

1) NO you don't need a lawyer to file your N400.
2) NO they will not deport you for your non conviction of a DUI (the lawyer is an idiot and is scaring you for no good reason apart from his ignorance of the law)
3) NO they will not deport you for a conviction for a DUI
4) Having a DUI or an arrest for a DUI will not prevent you from getting your citizenship (a DUI is not a crime of moral turpitude or block from getting citizenship)
5) If you were arrested, they must have arrest records on file, you WILL need those. Although the other letters may help I would go back and request again. I find it highly unusual that they would delete arrest records, ever. In addition to arrest records, if you had to appear in court, presuming for the seriousness of the offence you would have, you MUST produce the court record as well. Both of these need to be certified copies.
6) You MUST fully disclose this arrest and all particulars on the N400 form.
7) Don't worry about your other traffic tickets.

How do I know this? I was convicted of a DUI and applied and received my citizenship within 2 1/2 years of getting my DUI
 
Use the search function here, you will get all your answers you need.

Quick response,

1) NO you don't need a lawyer to file your N400.
2) NO they will not deport you for your non conviction of a DUI (the lawyer is an idiot and is scaring you for no good reason apart from his ignorance of the law)
3) NO they will not deport you for a conviction for a DUI
4) Having a DUI or an arrest for a DUI will not prevent you from getting your citizenship (a DUI is not a crime of moral turpitude or block from getting citizenship)
5) If you were arrested, they must have arrest records on file, you WILL need those. Although the other letters may help I would go back and request again. I find it highly unusual that they would delete arrest records, ever. In addition to arrest records, if you had to appear in court, presuming for the seriousness of the offence you would have, you MUST produce the court record as well. Both of these need to be certified copies.
6) You MUST fully disclose this arrest and all particulars on the N400 form.
7) Don't worry about your other traffic tickets.

How do I know this? I was convicted of a DUI and applied and received my citizenship within 2 1/2 years of getting my DUI

Thanks for sharing your experience DJH
 
Hi Neveradoctor,

I recommend you read this website from USCIS and might clarify some of your doubts.
Hope this helps a little and best of luck

This was very useful thank you. I had to read it a few times and there's a lot of good information in there on other things too. I am glad I got a response from someone who has had a DUI below
 
Use the search function here, you will get all your answers you need.

Quick response,

1) NO you don't need a lawyer to file your N400.
2) NO they will not deport you for your non conviction of a DUI (the lawyer is an idiot and is scaring you for no good reason apart from his ignorance of the law)
3) NO they will not deport you for a conviction for a DUI
4) Having a DUI or an arrest for a DUI will not prevent you from getting your citizenship (a DUI is not a crime of moral turpitude or block from getting citizenship)
5) If you were arrested, they must have arrest records on file, you WILL need those. Although the other letters may help I would go back and request again. I find it highly unusual that they would delete arrest records, ever. In addition to arrest records, if you had to appear in court, presuming for the seriousness of the offence you would have, you MUST produce the court record as well. Both of these need to be certified copies.
6) You MUST fully disclose this arrest and all particulars on the N400 form.
7) Don't worry about your other traffic tickets.

How do I know this? I was convicted of a DUI and applied and received my citizenship within 2 1/2 years of getting my DUI

I really appreciate you taking the time to answer. You are right. I forgot to use the search function. I agree. I don't know why the police department said they don't have a copy of the arrest record. Maybe because it wasn't a serious offense. I will ask them again. Thank you again!
 
From what I understand of the N400 process: as long as your clear and truthful in your answers and explanations during the interview, a lawyer might not be needed. USCIS already has all your records anyway, so just be straightforward and truthful with them. I don't think DUI constitutes a severe crime that will prevent you from gaining citizenship.
 
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